- Be polite – being combative or aggressive is rarely helpful when stopped for a DUI.
- Refuse Preliminary Alcohol Screening (PAS) Test: This test is optional. Politely refuse to do this test. The device used to perform this test is not completely accurate at detecting BAC.
- Refuse Field Sobriety Tests (FST's): These tests are optional and designed for failure. Politely refuse to perform the FST's. Typically, by the time you have been stopped for "suspicion" of DUI, the officer has already made up his or her mind whether or not to arrest you. I have had many clients perform well, or even "pass" the test, and still get arrested and charged with a DUI.
- Submit to a chemical test. Under California Vehicle Code Section 23612(a)(1)(A), if you drive a motor vehicle in California, you have impliedly agreed (consented) to submit to a chemical test of your breath, blood, or urine to determine the alcoholic content. If you refuse to submit to a test, and you have been lawfully arrested, your license will be suspended for a minimum of one year, possibly more, depending on the circumstances of your case.
- Schedule DMV Hearing: Once arrested, you will have 10 days to schedule a DMV hearing. This hearing determines if your license will be suspended.
- Retain a Lawyer: Hire an experienced DUI attorney before you schedule a DMV hearing. DUI charges are very complex with serious consequences. An experienced DUI attorney from the beginning of your case is paramount in protecting your license from suspension.
Have more questions about what you should do after a DUI arrest? Get in touch with my firm, Kern Law, APC, as soon as you can. As a San Diego DUI attorney, I have extensive understanding of the DUI process and the issues at hand. Take advantage of your free case evaluation today!