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Defense against a DUI charge starts with the citizen. Citizens have rights and, in many cases, officers will be able to build a case when a citizen becomes flustered, forgets their rights and submits to tests, interrogations and other procedures without knowing that they have the right to decline. Whenever one is pulled over, whether they’re intoxicated or have just had a drink or two, one needs to be prepared to deal with the situation in a way that is respectful and polite to the officer but which does not include backing down on one’s civil rights.

Drunk driving arrests often begin when the officer “smells alcohol” when approaching the vehicle. Drivers do have the right to have gum, mints, a cigarette or an air freshener in their vehicle and most certain have the right to use any of those items before the officer approaches. Drivers need to be aware of some of the tricks used by officers to essentially get a driver to admit to an infraction of the law and to thus, sacrifice many of their rights. When asked a question such as “Did you know you were speeding?” one has the right to not answer.

Most officers will request a field sobriety test or a breath test. A citizen has the right to decline both and, in many cases, they should do just that. Anyone being investigated for DUI offenses has the right to request a blood test which is more accurate than either the field sobriety or breath tests. One also has the right to decline any request made by the officer for a second sample. The officer will generally ask for one as if it is required. This is a trick of language and the subject may always refuse this second test.

Most importantly, if one is being charged with a DUI, one has the right to remain silent. Though everyone knows this reflexively, anyone being charged with drunk driving should exercise this right and not say a word until their attorney is present. Remember that casual questions may not seem like as much but that they may amount to an interrogation by the officer. Be cooperative, be respectful and polite to the officers but remember that no one is required to answer any questions about what they’ve been doing during the night, where they’ve been or how many drinks they’ve had.

White Goldestein provides clients with excellence in criminal defense in Los Angeles. Specializing in domestic violence defense, rape defense, sex crimes, violent crimes, DUI and federal crimes, White Goldstein provides experience, knowledge and skill in the Los Angeles area.