Law enforcement agencies across California have been ramping up efforts to enforce drunk driving laws. As an attorney practicing in Indio, CA, I\u2019m always amazed at the sheer number of DUI cases that come through the courthouse. Many people don\u2019t realize how easy it is to reach a BAC of .08. Many more are unaware that they can be convicted of DUI in California when their BAC is below<\/i> .08.<\/p>\n
Palm Springs is a tourist destination with plenty of traps for the unsuspecting motorist. With the increased attention paid to driving under the influence, it\u2019s important for people to know what to expect when they are pulled over and how to best protect themselves.<\/p>\n
DON\u2019T MAKE IT EASY ON THE COPS<\/span><\/strong><\/p>\n Police officers cannot pull you over unless they have probable cause to do so, which generally means the cop must see you breaking some law. This could be as simple as having a broken taillight or expired tags.<\/p>\n Disputing the probable cause for a traffic stop is one of the most effective DUI defenses used by DUI lawyers, but a minor vehicle infraction is all a cop needs to stop you. Make sure the vehicle you\u2019re driving is up to code!<\/p>\n DON\u2019T INCRIMINATE YOURSELF<\/span><\/strong><\/p>\n ADMISSIONS<\/strong><\/p>\n During the course of the DUI stop, an officer will attempt to question you. It is very important that you do not lie to the officer, but at the same time do not make any incriminating statements. Telling the cop that you \u201conly had 2 beers\u201d is an admission you\u2019re better off not making. In the same vein, lying and telling the officer you haven\u2019t had anything to drink at all could be used to impeach your testimony later at trial.\u00a0 When asked whether you\u2019ve been drinking, it\u2019s best to simply tell the officer that you don\u2019t wish to make any statements.<\/p>\n FIELD SOBRIETY TESTS<\/strong><\/p>\n Law enforcement is also going to ask you to complete several tests to determine whether you\u2019re impaired by drugs or alcohol. \u00a0These are the tests everyone is familiar with \u2013 walking one foot in front of the other, standing on one leg, reciting the alphabet.\u00a0 In theory, these exercises are designed to test your coordination and balance, as well as your comprehension.\u00a0 But in reality, you are unlikely to ever \u201cpass\u201d one of these tests.\u00a0 That\u2019s because the grader is the officer and he is likely to see what he wants to see.<\/p>\n What\u2019s more, these Field Sobriety Tests, or FSTs, are completely optional!<\/p>\n Its important to note that everything the officer does is geared toward acquiring evidence to use against you in a future prosecution.\u00a0 By performing the FSTs, you are not helping yourself at all \u2013 you are providing the District Attorney\u2019s office with ammunition to use against you.<\/p>\n BREATH TEST<\/strong><\/p>\n An officer will also likely ask you to provide a breath sample.\u00a0 This is not the same as the full-blown Breathalyzer test that is usually done after an arrest at the station.\u00a0 This is what is called a Preliminary Alcohol Screening test, or PAS test.\u00a0 This PAS test is considered to be a Field Sobriety Test, and like other FSTs, is also completely optional!<\/p>\n Unless you haven\u2019t had a drop of alcohol that day, do not consent to a PAS test.\u00a0 Many people think their BAC will be lower than it actually is.\u00a0 Also, just because your BAC is below .08 does not mean that you cannot be charged with DUI.\u00a0 Trying to prove you\u2019re below the legal limit through a breath test will still provide the District Attorney with evidence of your intoxication.\u00a0 And, as is often the case, you\u2019ll end up blowing over a .08 anyway.<\/p>\n The burden is always on the state to prove your guilt.\u00a0 You have no duty to prove your innocence.\u00a0Do not help law enforcement and the District Attorney\u2019s office by offering them evidence they\u2019re not entitled to.<\/p>\n