Rodney's Blog

Driving under the influence is a crime. If you are caught driving with a blood alcohol level higher than .08%, you are committing a crime in the state of California and will be charged. Driving under the influence is dangerous and not endorsed in any form. However, even when you are committing a crime, you still have rights. It is the job of a criminal defense attorney to protect those rights and preserve your interest during your case and in your future at work or in the community. Any criminal defense lawyer in Los Angeles would encourage you to understand your rights and work to protect them from the minute you are pulled over for suspicion.

#1 There Must be Probable Cause

A police officer must have a reason to pull you over. Driving a fancy car, leaving a concert, or being a young kid is not a valid reason to pull you over. If you are not showing visible signs of intoxication, then the arrest is illegal. Ask your officer why you were pulled over and be sure to inform your defense attorney of the answer.

#2 Field Sobriety Tests are Optional

You do not have to comply with a field sobriety test when you are pulled over for suspicion of DUI in Los Angeles. Any portable field breath test is also optional on your part. If you do not wish to go through this process, inform the arresting officer that you know it is not required by law.

#3 You Must be “Mirandized”

A DUI is more than a traffic stop; it is an actual arrest for a crime. This means your arresting officer must advise you of your constitutional, or “Miranda,” rights prior to asking you any further questions. If the Officer does not Mirandize you, you should not answer any of his questions.  The only thing you should say is: “I plead the Fifth”. If your arresting officer does not provide you with this information, inform your defense attorney that your rights have been violated.

#4 You Have a Choice of Blood or Breath Test

You may not refuse a test at this point. If you do, you will be subject to criminal accusation due to the “implied consent” law. This means that my driving you have consented to alcohol testing. However, you do have the choice of accepting a blood test or a breath test. If you are not given a choice, inform your defense attorney.

#5 You Have the Right to an Independent Test

Breath tests do not last after the initial registry. Because of this, you are entitled to a private blood sample if you are given a breath test. You may give this blood sample to your defense attorney in Los Angeles for an independent test.

If you or a loved one has been charged with a criminal offense, please contact the Law Offices of Rodney Nosratabadi at (714) 955-8365 for a free consultation.