What NOT to Say If Stopped for a DUI

August 27, 2012

Top 10 things to remember if stopped by the cops for DUI in Simi Valley:

Attorney Mindy H. McQueen can advise you what not to say if stopped for a DUI.

  1. DO NOT tell the cop that you are taking any kind of medicine (that could enhance the effects of the alcohol like Vicodin, Soma, sleeping pills, etc.).
  2. If you have marijuana, DO NOT think that telling the officer that you have a MJ card will make everything OK.  He will likely turn you in to the DMV and you may end up facing a Reexamination, where you could be facing long-term loss of your license.
  3. DO NOT tell the cop that you have not been drinking if you have been.  He will easily smell it, and then your credibility may become an issue if you testify at the DMV hearing or at trial.
  4. DO offer an explanation that explains your bad driving (if that’s why she stopped you): if you swerved because you were fiddling with your radio dials, ipod, iphone, etc., tell her.
  5. DO NOT tell the cop that you had “a couple of beers a few hours ago” because this will allow the DA to come in and argue that you were in the elimination phase (as opposed to the absorption phase).  Tell him that you just recently finished knocking back a few and that you do not feel the effects of the alcohol at all.
  6. DO NOT blow into the hand-held machine at the scene unless you truly did finish knocking back a few drinks in the last 20 minutes.  It is GENERALLY better to wait and opt for the blood test.  Exceptions:  You must blow into the hand-held machine if you are under the age of 21, are on probation for DUI, or if a judge has ordered that you submit to a breath test when requested to by a peace officer.
  7. DO NOT agree to take the FSTs.  The tests are incredibly subjective, and most people will do poorly due to being overweight, being 65 years of age or older, or because of various injuries or health conditions.
  8. DO NOT admit to feeling the effects of the alcohol.
  9. DO NOT fall for it when they tell you that you’ll get out of jail quicker, not be arrested, etc. if you blow rather than give blood.
  10. DO NOT REFUSE TO SUBMIT TO A CHEMICAL TEST.  If you have a fear of needles, then do agree to blow at the station (but not at the scene unless you JUST finished drinking a few drinks).  Refusing to submit to a chemical test will result in at least a 1 year revocation of your license (and the penalties go up from there), with NO restriction eligibility.  Worse yet, the cops will do a forced blood draw if you do refuse in Simi Valley—so they are going to get the blood sample no matter what.  Do yourself a favor and avoid  the enhanced penalties you will face with a refusal.

Blood Alcohol Calculator

Learn more about Attorney Mindy H. McQueen.

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