Riccardo L. Ippolito DUI/DWI Law Blog on Lawyers.com

San Jose Criminal Defense Lawyers: Valencia, Ippolito & Bowman

So how can you best avoid becoming a statistic in the "Avoid the 13" campaign?

It goes without saying that the best advice is the simplest.  Don't drink and drive. If you are out at an office holiday party designate a sober driver.  If you are having a cocktail after work use a taxi to get home.

However, should you be faced with a DUI stop in San Jose - keep the following legal tips in mind:

1. Remember that all "Field Sobriety Exercises" or FSTs are completely consensual. In other words, you are not required by law to take any of these tests.  From my experience many of these tests (such as the walk the line test, touch finger to nose, etc) are conducted in a very subjective manner.  Also, unfortunately many times officers do not follow the standardized protocol they should when they administer these tests.  Remember, the police are gathering evidence against you.  You have a complete RIGHT to refuse to take these fields tests. Best advice?  Tell the police officer in a polite and respectful tone, "Officer, I am choosing not to do these field tests".
2. Remember that your first and most fundamental right is always your right to remain silent.  You always have this right.  If a DUI officer asks you if you know why you are being pulled over, remember you don't have to answer.  Don't make any admissions to him.  When he asks, You can simply respond, "why?"
3. Same thing goes for when you are asked the question that every DUI officer will ask, "Have you had anything to drink tonight?".  Remember your right to remain silent?  Use it!!  Simply say, "Officer, I am choosing to remain silent.  I don't wish to answer any of your questions."  Be polite and respectful at all times with the officer.  But be firm in your insistence on refusing to answer his questions.
4. The DUI investigation officer may then tell you he wants you to take a PAS test.  This is a small hand held breath test.  This can be a little confusing.  If you are ARRESTED for a DUI charge in San Jose, you must take a blood or breath test at the jail.  However, this preliminary test at the scene is totally consensual.  You have an absolute right not to take this hand held breath test.  Do not take this test.  It is unreliable because it is not designed to exclude the results of "mouth alcohol". This hand held test regularly exhibits blood alcohol numbers higher than what you really are.  The DUI officer may try to pressure you to take this in field test because you have made no statements, and you have refused his field sobriety tests.  Do not do it.  You are NOT required to take this test and should not do so.
5. A minor tip - always keep your car in good running order.  This means keeping your registration current and all your lights and brake lamps in good working order.  When driving, keep your license and registration handy and in easily accesible location.  Many officers will write in their report that you "fumbled for your wallet" in an effort to prove you are impaired.
6. Don't refuse to take the test you are required to give once arrested.  Once you are cuffed and arrested, you will be required to take a breath or a blood test. Unlike the hand held device at the scene, this is the blood alcohol test that you are required to take.  You must choose either a blood or breath test.  If not you will be called a "refusal" and your driver's license will be suspended for all purposes for a full year.
7. If you are arrested, your license will be taken from you.  In it's place you will be given a temporary license on a pink piece of paper called a "DS-367."  This document tells you that you, or your drunk driving lawyer in San Jose, must call the Department of Motor Vehicle within ten days of the arrest to ask for a hearing on your license suspension.  Do not miss this deadline or your license will be suspended automatically.

So use common sense.  Don't drink and drive.  Be careful.  Drive safely.  If you are stopped for a DUI then be polite but remain silent and use your rights.  And when you get home call an aggressive San Jose DUI lawyer.  Make your first call to the VIB law firm.

Valencia, Ippolito & Bowman
991 W. Hedding, Suite 202
San Jose, CA 95126
Phone: 408-920-9720