It is important to know your rights when stopped for suspected DUI.  It is particularly important to know those rights--and their limits--because a motorist suspected of DUI does not enjoy the same rights against self-incrimination present in other situations.  Without reading the motorist any statement of Miranda rights, the officer will typically ask the motorist if he has been drinking, and will then instruct the motorist to engage in tests of physical agility—all designed to elicit incriminating evidence to be used against the driver.

The Officer is Not Entitled to a Confession

The officer is allowed to elicit biographical information such as your name, address, birthday, etc.  However, if the officer asks whether you've been drinking, or how much you've been drinking, you should politely and courteously decline to answer the question.  You can tell the officer that you have been told never to answer questions like that without a lawyer present.  Remember, the officer is asking questions only to elicit information that can be used against you.  You should not make admissions that will give the officer "cause" for further investigation of whether you are intoxicated.

Video Recording of Stop

Many patrol cars today are equipped with video cameras mounted in the dash and used to record traffic stops, police interractions with suspects outside their vehicles, etc.  If you discover the police officer has stopped you on suspicion of DUI, but you are not intoxicated, such a recording will usually help, by showing that your demeanor and speech were not those of a "drunk" person.  While you do not have a "right" to have the proceedings recorded, it does not hurt to ask the officer if his patrol car has a video camera and if it is turned on.  You can ask him to turn it on, and tell him that you would like to have the stop recorded.  Aside from preserving evidence, this will signal that you are not afraid to have your mannerisms evaluated by a judge and jury on the basis of an actual recording.  If the officer has a video camera equipped car but refuses to turn the camera on, your lawyer can later point that out to a jury, if it comes to that.

If Over 21, You Can Refuse Roadside Sobriety Tests

When an officer stops a motorist suspected of driving under the influence, the officer will typically ask the motorist to engage in one or more so-called field sobriety tests.  These are a dozen or more physical tests that supposedly determine whether the taker is inebriated by measuring coordination, balance, eye movement and/or language/memory skills.  The officer who stops a motorist for suspected DUI will often ask the motorist to take several of these tests alongside the road.  You must step out of your car, if told to do so.  But, what the officer does not reveal is that, unless under 21, the motorist is free to refuse to do the field sobriety tests without consequence (except, perhaps, that of irritating the officer). 

Should an adult driver refuse the field sobriety tests?  Probably.  First, most of the tests are of little value in determining sobriety.  Studies commissioned by the National Highway Traffic Safety Administration have shown that, of the many tests used, only three—the one-leg-stand, nystagmus (eye tracking), and walk-and-turn—are effective in determining sobriety.  Yet, California law enforcement officers often continue to use other tests, now known to be of little use.  Second, even sober persons can have trouble "passing" field sobriety tests.  This is particularly the case when the person is nervous (who wouldn't be, when stopped by the police and asked to take tests?) or suffers from physical problems or disabilities.  Third, the tests are administered roadside under less than controlled conditions by a police officer whose subjective opinion alone determines whether the motorist has "passed" or "failed."

If you refuse the roadside sobriety tests, be sure to do so politely and courteously.  There is nothing to be gained from being combatitive or abusive to the officer.  If you give a reason, you can simply state that you have read that one should not take the roadside sobriety tests because they are not accurate. 

If Over 21, You Can Decline The Roadside PAS Test

Sometimes the law enforcement officer will ask the stopped motorist to take a "Preliminary Alcohol Screening" or PAS test.  This test is administered roadside using a handheld breathalyzer device, and will supposedly reveal the taker's blood alcohol content (BAC).  As with all roadside tests, the adult DUI suspect can refuse to take this test.  Should you refuse to take the PAS test?  Probably, unless you you are confident the test will not reveal any alcohol at all.  The results of this roadside test can be highly inaccurate.  The PAS is not the same breathalyzer test given after arrest, at the station, which uses a larger, more reliable machine.

After Arrest, You Must Submit To A Chemical Test

Under California's implied consent law, refusal to submit to a chemical test after you are taken into custody will result in suspension of your driver's license and enhanced penalties.  California law even allows a DUI suspect who is in custody to be forceably given a chemical test, if the suspect refuses. What the arresting officer may not tell you is that you have the right to choose the test from among those tests available.  There are three chemical tests used—urine, breath, and blood.  Not all tests may be available at the testing center; and you must choose from among those tests actually available.  (The urine test is generally no longer provided for suspected DUI unless the other tests are unavailable.)

The blood test is the most accurate, and should be chosen where the motorist knows his or her BAC is below the limit.  However, if concerned about substances other than alcohol being found in your blood, it's probably better not to choose the blood or urine test.  Instead, you may ask for the breathalyzer test, which tests only for alcohol.  Of course, if the officer strongly believes you were acting impaired and a breathalyzer tests does not detect alcohol, the officer may then insist that you also take a blood or urine test.

If you opt for a breathalyzer test, after it is conducted, you should ask that a blood sample also be taken and preserved, so that your attorney can later have it independently tested.  Of course, if you are concerned about the presence of substances other than alcohol being found in your blood, you should not make this request. 

No Right To Have A Lawyer Present For Tests

If you are taken into custody on suspicion of DUI, the officer will inform you of your "Miranda rights"  You do have the right remain silent, and to have a lawyer present during any questioning.  But, in a departure from the usual right against self-incrimination, you will be asked to take a chemical BAC test before you are allowed to talk to a lawyer.  During this process you are on your own, even though potentially incriminating information is being elicited from you in through the breathalyzer, blood or urine test.  You must make the best decision you can in choosing among the tests available.  But, remember to exercise your remaining rights;  and do not provide any additional information without first consulting with a lawyer.