Pullover Protocol

If you are pulled over for a DUI, here are some simple steps you can take to insure the best possible outcome.  First and foremost, the officer is going to ask you if you have been drinking any alcohol.  Now I'm not telling anyone to lie here, but everyone should be aware that once you tell the officer you have been drinking, the officer has a duty to conduct field sobriety tests before allowing you to proceed on your way. It's a liability issue.  If you happened to drive away without being tested and crash and kill someone, the blood would be on the police officer's hands for not conducting the tests and allowing you to leave.  Problem here is if you do get arrested and you said you didn't drink anything and your blood alcohol result shows otherwise, than you could lose some credibility with the jury.

If you know that you are completely intoxicated and going to be arrested for sure, than the best thing to do is to say that you don't want to answer any questions or do any field sobriety tests until your attorney is present, but that you will agree to blow at the station.  Don't answer any questions or complete any field sobriety tests ever.   Be courteous and polite, as the officer is not going like this answer.  At this point, you will probably be arrested, but don't be scared as you will be released shortly, usually after sobering up in the "drunk tank" for a couple hours or posting bail.  Once you get to the station, you will have to perform a breath or blood test.  Under the implied consent contract you signed when you got your license, you did agree that you would submit to a breath or blood test to get your license.

If you don't consent to one of these tests than you lose your license for one year.  To avoid losing your license for one year, tell the officer you will agree to do the test, but only at the police station on the more expensive and accurate machine. Again, you do not have to submit to the PAS (Preliminary Alcohol Screen) on the side of the road.  The officer is required to tell you this as well, though most conveniently don't.  Its always better to blow at the station.  Breath tests are better than blood tests because you have more wiggle room arguing that the test may be faulty due to the machine having problems.  We can request calibration and maintenance logs on the machine, as well as make sure the officer was certified to administer the test.   Blood is more accurate if you think you might be under the limit, however breath can give us more arguments.  Blow at the station and do not say anything else about the case.  If asked any questions, politely tell the officer you would not like to answer any questions without your lawyer being present. Be very polite and courteous, but do not back down on this.  Once you are released, contact my office immediately as we will only have 10 days to request a DMV hearing about your license.  If you don't request the hearing within 10 days of the arrest, you license will automatically be suspended 30 days from the date of the arrest.  Good luck and always remember it is cheaper (and safer) to just take a cab, rather than to have to deal with the repercussions of getting a DUI.

The Law Offices of Jeffrey N. Stivers, is located in Laguna Niguel, in Orange County California, and is dedicated to serving the needs and protecting the rights of his clients.

Jeffery N. Stivers represents clients in California as a criminal defense attorney and an authority on marijuana laws. Based in Orange County, Attorney Stivers serves the areas of Laguna Beach, Huntington Beach, Irvine, Lake Forest, Tustin, Anaheim, Orange, San Clemente, & Newport Beach.

The Law Offices of Jeffrey N. Stivers handles all Misdemeanor and Felony matters, as well as all Family Law matters.

Attorney Stivers is available to you 24 hours a day.

CALL (949) 364-1199

---