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Los Angeles DUI Lawyer ExplainsWhat You Should Know If You Are Stopped for a DUIWhile every case is different, you were either stopped because an officer believed your driving was impaired or you violated the law. It is important to understand how or why you were stopped may be challenged in court. Once you have been detained and an officer believes you are under the influence they can ask you incriminating questions such as "How much have you had to drink?", "What did you have to drink?", and "What have you eaten in the last 24 hours?", without you being entitled to a DUI lawyer. It is important to know, you do NOT have to answer any questions and if you do answer these questions, the answers may be used against you in court, even though the Officer was not required to read you your rights. However, you MUST submit to a chemical test of your breath or blood (not urine) in order to avoid losing your license for one year and complicating an already difficult situation. If the officer believes you are under the influence, he will ask you to perform some "roadside agility tests", commonly known as field sobriety tests. It is important to know, you are NOT obligated to submit to any field sobriety tests (i.e., horizontal gaze nystagmus, one leg stand, touching finger to nose, walking straight line, etc.). Also, you should know, many law enforcement agencies (like the California Highway Patrol) use in-field breath devices as a "field sobriety test" and as a way to gain evidence against you after your arrest. It is important to understand that in almost every case, you are not required to submit to this in-field breath device. Once the "stop" has escalated into a "detention" you must be read your Miranda rights and you may request a Los Angeles DUI lawyer before speaking to police. However, you are not entitled to speak to a criminal defense lawyer or have a lawyer present before or during your submission to a chemical test as required by California's implied consent law. If you were not read your Miranda rights, after being placed in custody, any statements you made to the officers may be challenged in court. REMEMBER, you must submit to a chemical test of your breath or blood (not urine unless the arresting officer believes you are also under the influence of drugs.). When deciding what test to take you should know that blood tests are generally more accurate than breath tests. Also, blood tests must be saved and made available to your DUI lawyer for independent testing while breath results are lost forever, without the ability to examine the sample by an independent laboratory. However, breath tests can be challenged in court by an DUI lawyer who knows and understands the machines and how they operate and where problems existIf you or someone you care about stands accused of DUI, please call on an experienced Los Angeles DUI Lawyer in your area before you consider pleading guilty. If you would like to arrange for a free consultation with an experienced and nationally trained and certified DUI lawyer dedicated to drunk driving defense, please call (818) 783-5200 and ask to speak with Scott Spindel. 24 hours a day - 7 days a week - 365 days a year Call today for your free appointment and consultation.
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