DUI Rights in California: Know Your Legal Rights!
If you get pulled over on suspicion of driving under the influence, it is important to know your rights under California State law. These rights could even prevent DUI conviction.
1) The right to remain silent: This is the first of the Miranda rights that police read to individuals they arrest and it is important to follow. You are not required to answer any questions, such as, “how much have you had to drink tonight?” or “when was the last time you consumed alcohol?” Additionally, remaining silent or refusing to speak cannot be used as evidence of your guilt in a court of law.
2) You can legally decline handheld breathalyzers and field sobriety tests: It has been determined that the accuracy of these tests is not sufficient to hold up in court, so you are not forced to submit yourself to one. You can decline to take a field sobriety test, at which point the police are able to bring you back to the station for an official test. It is worth noting that if you are under 21-years-old or on DUI probation, you must use the handheld breath device.
3) You have the right to demand a blood test, instead of a breath test: The police may try to convince you otherwise, but demand the blood test if there is ANY chance you may exceed .08 BAC.
4) You are allowed to decline a second blood test: There is no reason to submit to this, despite what you may be told.
5) You have the right to call an attorney: Madeline Galadjian is a licensed, professional DUI Lawyer who can help you get the legal advice that you need to avoid a DUI conviction. As soon as the police offer you a chance to use the phone, call 818-769-4529 to speak with Mrs. Galadjian.