Should I Answer the Police Who Ask If I Had A Drink?
Officers in Los Angeles County are trained to ask you whether you've been drinking because that's one way to prove that you have alcohol in your system. If you admit that you've been drinking, not only does that help them establish their case against you, it's the first step to them telling you to get out of your car to do the field sobriety tests.
Ultimately, they'll either do blood or a breath test to confirm their suspicions that you're drinking and driving. You do not have to incriminate yourself; you don't have to answer questions about whether or not you've been drinking.
Many people don't realize that if you take anything that affects your ability to operate a motor vehicle safely, the police or prosecutors can and will use that to prove a DUI case against you.
You have the right not to answer their questions. I would not go into whether or not you've taken any prescription medication.
However, realize that if you take prescription medication that causes you to drive unsafely, even if it's one of the prescription medications where you don't have any restrictions related to driving, they can still use that against you.
Some people mix prescription medications or combine them with alcohol, and it causes them to get pulled over and arrested for DUI.
Should I Refuse To Take The Roadside Breathalyzer And Sobriety Tests?
In Los Angeles, some law enforcement agencies have their Breathalyzer machines out in the field, so they don't have to take you back to the station. No one should be advising you not to take those tests because if you don't, you may be charged with refusal and lose your license for a year.
While you have the right to refuse the handheld device test and the field sobriety tests, it's important to understand the potential consequences of refusing the actual Breathalyzer or blood test. Refusal can put you in a precarious position, potentially leading to negative outcomes in your case. It's advisable to cooperate with the police regarding the blood or breath test to avoid these risks.
Can I Call My Attorney From The Side Of The Road?
While the police may discourage you from using your phone during a DUI investigation, they cannot prevent you from doing so. However, it's important to remember that driving is a privilege, not a right, and the police have significant power when they suspect you're under the influence and unable to drive safely.
Remember, the police can prevent you from using your phone during a DUI investigation. Your best strategy is to stay alert and aware of your surroundings. This will help you make informed decisions and put yourself in the best position when dealing with your DUI case.