A police officer conducting a field sobriety test with a driver. Often, FSTs do not accurately measure a person’s drunkenness, and your DUI lawyer in Huntington Beach can prove that.
When you have been charged with driving under the influence (DUI), you must take action to protect your future. The penalties of a conviction on your career, reputation, and freedom could devastate your life.
With help from a Huntington Beach DUI lawyer, you can avoid these consequences and put this challenging experience behind you. Contact a Los Angeles DUI lawyer for a free consultation today and learn more about how you can build a compelling defense strategy and secure an acquittal.
What to Do if You Are Pulled Over for DUI in Huntington Beach
If you get pulled over for a DUI, the best piece of advice is to avoid any behavior that could put you further in jeopardy during the stop. Here are seven things you should do right away:
1. Carefully Find an Area to Pull Over
During any traffic stop, it is essential to pull over safely and out of the way of other traffic. The officer will be observing how you do this. They will look for unnaturally slow or erratic driving, pulling into an unsafe place, or unusual driving patterns.
This could influence what they write in their report after stopping you. The police report is vital to your hearings and related DUI trials.
2. Do Not Make Sudden Movements or Act Suspiciously
Police officers know to be cautious and ready to protect themselves if someone acts suspiciously. They will approach your vehicle from the back so they can see you. Avoid any actions that could increase suspicion and put the officer on guard, such as:
- Twisting around in your seat to watch the officer walk up
- Making any sudden movements
- Jumping out of your car or getting out in any way
- Crouching down in your seat
- Reaching for anything in your car
It is best to keep your hands on the wheel, stay seated, and remain quiet as the officer approaches the vehicle.
3. Be Courteous
Remembering to be patient and polite when pulled over can be challenging. Please do not be rude, hostile, or resist arrest, as this gives the police further reason to arrest you and increases your chances of being convicted. The officer will likely go easier on you in their police report if you are sincere, cooperative, helpful, and friendly.
4. You Have the Right to Politely Decline from Answering Questions
When you are pulled over or detained by law enforcement for suspicion of DUI in Huntington Beach, CA, you may be asked various questions. The police may ask you if you’ve been drinking and how many drinks you have consumed. In this situation, understanding your rights can protect you from self-incrimination.
First and foremost, you have the right to remain silent. You are not obligated to answer any questions posed by the police, especially ones that may incriminate you. Politely inform the officer that you choose to remain silent and avoid providing any potentially damaging information.
Additionally, you have the right to legal representation. If you’re asked questions about your potential intoxication, it is well within your rights to request a Huntington Beach DUI attorney before answering. Requesting an attorney signals that you are invoking your right to counsel and that you do not want to proceed with questioning without legal representation present.
5. Decline the Field Sobriety Tests
Law enforcement officers commonly use field sobriety tests (FSTs) in DUI investigations to assess a driver’s potential impairment. These physical tests are administered when an officer suspects a driver of intoxication and typically occur outside the vehicle. When you are directed to step out of your car to perform these tests, you might be asked to:
- Walk along a narrow line
- Stand or hop on one leg
- Follow an object with your eyes
- Say the alphabet
Despite their routine use, numerous issues and limitations are associated with FSTs. Firstly, the accuracy and reliability of these tests can be questionable, as various factors unrelated to intoxication can impact a person’s performance. Physical conditions, fatigue, nervousness, or uneven road surfaces may all contribute to inaccurate results, leading to the possibility of a false positive.
FSTs are subjective, relying on the officer’s interpretation and judgment. This subjectivity opens the door for potential biases or discrepancies in the assessment process, which may unfairly influence the officer’s decision to make an arrest. But even though these tests cannot definitively prove intoxication, they may still be used as grounds for your arrest.
The best choice for most Huntington Beach drivers is politely declining to perform the FSTs and not providing further incriminating evidence. However, you may be arrested for DUI for refusing a breathalyzer test.
6. Write Down Everything You Can Remember
When it comes to DUI cases, the details are important. Everything that happens on the day of your DUI stop, from the hours before you got in your car to well after an arrest, can impact your case. These details can be invaluable for your attorney, but memories can quickly fade.
This is why it’s so important to promptly write down a timeline and detailed account of your arrest’s circumstances. As soon after the DUI arrest as possible, record your memories of the incident, including:
- Where you were and what you were doing before you got in the car
- What you drank and how much, including how long it had been between the drinks and getting pulled over
- What the officer said to you and how they behaved
- Where the stop happened
- Whether or not the officer read you your Miranda rights
- What time you took the chemical test
- What you were wearing if you took the sobriety tests
The more details you can remember and write down about the arrest, the more it can help your DUI attorney in Huntington Beach, CA, fight your charges. Even seemingly minor or irrelevant details can be crucial in building a strong defense. Your DUI attorney can use these details to identify inconsistencies in the prosecution’s case, challenge the accuracy of evidence, and potentially question the officer’s credibility.
7. Call a DUI Lawyer in Huntington Beach
When facing a DUI charge, the potential consequences can be monumental, impacting various aspects of your life. A DUI conviction can have far-reaching and long-lasting effects, from your job and reputation to your relationships. They also present a significant financial burden, as they often come with exorbitant fines, which may be more severe for repeat offenses.
A dedicated DUI attorney can be your advocate and ally in such challenging circumstances. They can thoroughly assess the details of your case, identify potential weaknesses in the evidence, and mount a strategic defense that works in your favor. In DUI cases, there are many hoops you will need to jump through, and a DUI attorney can guide you through the complex legal proceedings, ensuring you understand your options at every stage.
What Your Huntington Beach DUI Lawyer Can Do After Your Arrest
While you prepare yourself for what the next steps could look like, your DUI attorney will handle your case and ensure your rights are being protected. They will look for holes in the prosecution’s techniques, any violation of your rights, and errors the officer may have made to negotiate a plea bargain or win your case in court.
Even if you are convicted, your attorney will use strategies like these to reduce the severity of your penalties. A DUI lawyer can potentially impact your case in your favor by:
- Answering any questions you may have and offering legal advice
- Gathering evidence from other parties involved
- Speaking to your local Huntington Beach DMV, the court, and the police department on your behalf
- Collecting the police report and surveillance video of the accident
- Hiring an accident reconstructionist to put together the scene of the crash
Penalties of a DUI Conviction in Huntington Beach
If you are found guilty of drunk driving in Huntington Beach, CA, the penalties you could be facing are severe. Whether you are a first-time offender or a habitual DUI offender, the state of California takes DUI charges seriously. The extent of your penalties can vary depending on whether you have been charged with a misdemeanor or a felony DUI offense.
Generally, if you are a first-time offender with no injuries or damages, you may be charged with a misdemeanor DUI offense. However, if you are a habitual offender, someone suffered severe injury or death, or other aggravating factors present, you are more likely to be charged with a felony.
Criminal Penalties vs. Collateral Consequences
After being charged with drunk driving, you can expect your DUI lawyer in Huntington Beach, CA, to review your case and determine the potential penalties you face. If this is your first offense, you could expect your license to be suspended, to spend up to six months in jail, and pay thousands of dollars in fees and fines.
If you have additional subsequent convictions or are considered a habitual traffic offender (HTO), you can expect your jail time, fines, and license suspension period to be increased. You will also likely be classified as a high-risk driver and subject to SR-22 risky driver Insurance premiums.
Beyond criminal penalties, your life could be turned upside down. You could lose your job and professional license and face deportation and child custody or visitation issues as well. Furthermore, your DUI conviction will remain on your criminal record unless or until you are granted an expungement. Your DUI attorney will do everything possible to help you secure an acquittal so you can avoid these harsh consequences.
Defenses Your Huntington Beach DUI Attorney Can Make
Numerous loopholes can appear within the prosecutor’s case against you. Your Huntington Beach DUI attorney can make any of the following defenses to prove your innocence and drop your charges:
- The chemical test was administered incorrectly and, therefore, inaccurate.
- The law enforcement officer did not inform you of your Miranda rights.
- Police officers aren’t typically reliable with their reports.
- The arrest occurred during an unlawful police stop.
- Outside factors affected your field sobriety test.
- The FSTs required by the police officer did not truly prove drunkenness.
Stay Out of Court and Enter a Pretrial Diversion Program
You may be able to avoid bringing your Huntington Beach DUI case to trial altogether if you can secure entry into a pretrial diversion program. It is important to note these programs are typically only available if this is your first time being accused of a DUI and no one was seriously injured or killed due to your alleged drunk driving.
If the prosecutor is willing to allow you to enter a pretrial diversion program, doing so could make all the difference in the outcome of your case. This is because once you fulfill the terms of your pretrial diversion program, the prosecutor will reduce the DUI charges against you to a lesser offense, such as a wet reckless, or even be willing to dismiss your case entirely.
Some examples of the types of requirements you may be expected to follow once you enter a pretrial diversion program include:
- Attending therapy sessions
- Completing a drug or alcohol treatment program
- Completing community service hours
- Completing a HAM program
- Completing a MADD VIP program
- Completing regular and random alcohol or drug tests
- Meeting with a probation officer or other court official regularly
These are only a few of the different types of stipulations that may be included as part of your pretrial diversion agreement. They can be customized to meet the specific circumstances of your face. You can learn more about whether pretrial diversion is a good option for your DUI in Huntington Beach when you contact our attorneys to discuss your defense options further.
Speak with a Huntington Beach DUI Lawyer Today
A DUI charge can have life-altering consequences that extend beyond legal penalties. Don’t risk the permanent disruption to your life that a conviction on your record can bring. Make the smart choice and work with experts who can leverage their immense legal knowledge and experience to bring about the best outcome.
The attorney referral process begins with a comprehensive evaluation of your case and situation. Our defense attorneys will carefully review the details of your arrest, the evidence against you, and any potential mitigating factors.
Based on this assessment, they will identify the DUI lawyer in Huntington Beach, CA, best suited to address the unique challenges of your case. Then, they will put you in touch as soon as possible and offer you a no-obligation, free consultation. Call us or complete our contact form to get started.
