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As you have probably seen in the movies and on television, we all have a Constitutional right to remain silent. Therefore, when you get pulled over for suspicion of driving while intoxicated you can refuse to answer any questions and take the field sobriety tests. In addition to the right to remain silent, you have a Constitutional right to counsel; therefore, you can tell the officer that pulls you over that you are not refusing to take a breathalyzer or a blood test but that you want to speak to your attorney prior to taking these tests. At which point, the officer may take you into custody and take you down to the police station.
Once at the police station you really need to call an attorney. If you are in Orange County I charge $1,500 to go to the jail to advise you on your situation; and if you are in Los Angeles, Riverside, San Bernardino or San Diego County, I charge $2,000 to go to the jail to advise you of your rights. The main point here is that you do not have to answer any questions or take any tests immediately after being pulled over; you have the right to remain silent and to counsel, which may prevent you from being charged with a DUI.
If you do not have a lawyer to call in the middle of the night, place my cell number in your phone (949) 836-9194. Please understand that my services are not free and will be payable whether charges are brought against you or not. Payment must be received prior to services being provided.
