Orange County DUI Lawyer Warning: Do not talk when you are pulled over
One of my biggest pet peeves as an Orange County DUI lawyer is people talking when they are pulled over for a DUI. The truth about a DUI is you do not have to say anything when pulled over. In fact, when you do start talking when you’re pulled over it only makes things worse. It’s understandable when you are scared and facing arrest. Having a police officer offering to let you go if you comply with the field sobriety test is a very enticing option. However, it is my opinion that by the time they have asked you to do these tests; they have already decided to collect information. This advice does not apply if you are under 21 or are on probation. Let’s look at one example where talking will mess you up.
Killing the rising blood alcohol defense.
A common defense in DUI is called the rising blood alcohol defense. This defense involves recent drinking. If you drank less than an hour ago and started driving then this defense will be available to you. However when people talk they often say I had two beers a few hours ago. This destroys their rising blood alcohol defense. It makes things very hard for me as an Orange County DUI lawyer to work around this. I have to do creative things to establish a rising blood alcohol defense. One of these creative things is having you testify on the stand during trial. The purpose of this is to change your drinking pattern from two hours ago which was what you told the cop to one hour before driving. This doesn’t look good and it makes it look convenient for you.
The truth is most people get scared when they see a police officer so the most logical thing is to say you had your drinks a few hours ago. The bottom line is an Orange County DUI lawyer will have another option to defend you if the facts show you drank recently as opposed to a long time ago.
Why does drinking recently help my case?
If you recently drank then the experts will not know for sure what your blood alcohol content is at the time of driving. They will never know what your blood alcohol is at the time of driving. The prosecution can only estimate as to what it is at the time of driving. However if you said you stopped drinking two or three hours ago than the prosecution will give a higher estimate because they are assuming you are in the elimination stage.
What do I do?
As an Orange County DUI lawyer, if you are pulled over and you have been drinking then I recommend you skip the field sobriety test and do not answer any questions as to drinking. In fact, you should tell the officer to cite you for what you were pulled over for and let you continue to your destination. Realistically, this will not happen. The officer will insist and asking aggressively ask what you had to drink. You have to respond back that you do not feel like answering any questions and you would rather be on your way home. The officer will ask what you have been drinking again. You need to insist that you want to exercise your rights. You will then ask you to step out of the car and do some sobriety test. You do not need to do these field sobriety tests. Instead ask him to arrest if he has probable cause or let you go if you doesn’t. One of two things will happen. He will let you go or he will arrest you. If he arrests you then you will have to pay the towing feet, however this is much better than making the case for your DUI. If you do everything right and grab an Orange County DUI Lawyer who knows what they are doing then you setting up a very strong case for the defense.