JON ARTZ DUI VIDEOS
"What Should I Do If I Get Pulled Over for a DUI?"
Based on my 40 years experience in California DUI-DWI defense, here are some suggested things to do—and not do—if you are pulled over for Driving Under the Influence.
Stay calm, use your turn signal, and pull over. Use your turn signal and carefully pull over to the side of the road. Stay in the car and keep your hands on the wheel, and calmly wait for the officer to approach your vehicle. Greet the officer courteously, and do not act as if you have anything to hide or have done anything wrong.
Keep your driver’s license and registration in easy reach. Know where your license, registration and insurance documents are, and be able to extract them quickly and easily when asked, without fumbling. Officers are trained to look for a lack of fine muscle control and manual dexterity in intoxicated drivers.
When an officer asks if you’ve been drinking... Don’t lie and say that you haven’t, and don’t think that being candid about having “just a few beers” will work in your favor. Instead, ask for an attorney and politely refuse to answer any questions based on your Fifth Amendment right to remain silent. Be polite and cooperative, but do not provide any further information.
If the officer orders you out of the car, ask him if there has been a violation, and explain that you would like to be cited so that you can continue on your way. If he again orders you out of the car, ask whether you are being detained. If s/he says yes, tell him/her you would like to have an attorney, and do as the officer instructs. Be careful not to trip or stumble when you get out.
If asked to take a field sobriety test, say yes. However, before you take the test, inform the officer of any physical ailments you have, such as problems with your knees or ankles. Tell the officer that you are nervous or anxious. Don’t worry about the field test results. A good DUI attorney has strategies for discrediting field tests and disallowing them as evidence at trial.
If asked to take a breath test at the scene, don’t take it. Per Vehicle Code §23612, you are not required to submit to a Preliminary Alcohol Screening (PAS) test. Take a pass on the PAS test. Instead, request a chemical test that measures blood alcohol levels. Blood tests are better for the defense because results must be independently verified by a lab (which keeps the officer honest).
Drive safely! Best of all, don’t give the police a reason to pull you over in the first place! Always be careful and focused when behind the wheel. Don’t fool around with passengers or use your cell phone or let yourself get distracted. Don’t create “reasonable suspicion” for an officer to pull you over in the first place!
If you have non-urgent questions related to DUI (or to your license and the DMV), please post your questions on my Facebook page, and I will respond and answer your questions there.










