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| California Attorney Darren T. Kavinoky |
Before you're ever pulled over for a DUI offense in California
it is a good idea to know what your rights are and what you have already
consented to when you were issued your state drivers license.
Under California
law, when a driver’s license is issued to you, you have already given your implied
consent to submit to a chemical test if you're arrested for driving under the
influence whether it be for alcohol, drugs, or a combination of the two.
Anyone arrested for a first offense of DUI in California only have a short window of opportunity to request a DMV hearing before losing their driving privileges. That time period is 10 days, and if no hearing is requesed, the DMV will automatically begin the process of suspending your driver's license.
Law enforcers can
pull you over if they suspect you are driving under the influence or for something
as simple as an equipment violation like a burned out taillight or expired registration. Bottom line, if you're taken into custody for
a DUI in California for a first offense the penalties a stiff and long lasting.
If you are pulled over the officer
is "detaining" you. What that
means is that while you're "not in custody," you're not free to
leave. Because you're "not in
custody" the officer does NOT have to read you your Miranda rights before
asking some very incriminating questions. Questions like "how much have you been
drinking" or "how many drinks have you had." NEVER answer those
questions and immediately ask for an attorney or invoke your Fifth Amendment
privilege. In addition to asking you questions about driving under the influence, the officer will ask you to do some field sobriety tests. Again, those are voluntary and they will try to intimidate you into performing them. Will they tell you that, NO.
Keep in mind that most officers in California wear recording devices so it is important to be polite and state that DUI laws in California are too subjective and you would like an attorney.
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