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.
A Huntington Beach DUI is serious. However, the right representation can safeguard your rights and mitigate the damaging consequences of an arrest.
At the Los Angeles DUI Attorney firm, we have years of experience helping those accused of driving under the influence. We understand the impact a DUI charge has on your personal life, reputation, and freedom. If you or a loved one have been arrested, contact a Huntington Beach DUI lawyer today.
What Should You Do if You’re Pulled Over for DUI?
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 important 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 any type of unusual driving patterns.
This could influence what they put 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 shady. They will approach your vehicle from the back so they can clearly 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
It can be hard to remember to be patient and polite when you are pulled over. Do not be rude, hostile, or resist arrest, as this gives them further reason to arrest you and increases your chances of being convicted. The officer is likely to 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
You may be asked if you have been drinking and how many drinks you have consumed. It is crucial that you understand your rights.
You have the right to decline from answering any police questions. You have the right to counsel. It is within your rights to ask for a DUI attorney in Hunting Beach before answering any questions.
5. Decline the Field Sobriety Tests
Field sobriety tests (FSTs) are physical tests in a standard DUI investigation where an officer will ask you to step out of your vehicle and perform if they suspect you are intoxicated. 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
There are many problems with these tests. They are not always fair and can be used as grounds for your arrest.
The best choice for most Huntington Beach drivers is to politely decline to perform the FSTs and not provide further incriminating evidence. You may be arrested for DUI for refusing a breathalyzer test.
6. Write Down Everything You Can Remember
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 lawyer fight your charges, even if a detail does not seem particularly relevant at the time.
7. Call a DUI Lawyer in Huntington Beach
A DUI charge can have monumental consequences. Your job, reputation, and personal life may hang in the balance. A Huntington Beach DUI attorney can assess your case and mount a strategic defense.
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 in an effort to negotiate for a plea bargain or win your case in court.
Even if you are convicted, your attorney will use strategies like these to reduce your penalty severities. 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
- Speak 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 and there were no injuries or damages, you may be charged with a misdemeanor DUI offense. However, if you are a habitual offender, someone suffered serious injury or death, or there were other aggravating factors present, you are more likely to be charged with a felony.
Defenses Your DUI Attorney in Huntington Beach Can Make
There are numerous loopholes that 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 didn’t 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 types of programs are typically only available if this is your first time being accused of a DUI and no one was seriously injured or killed as a result of 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 then reduce the DUI charges against you to a lesser offense, such as a wet reckless, or perhaps 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 an HAM program
- Completing a MADD VIP program
- Completing regular and random alcohol or drug tests
- Meeting with a probation officer or other court official on a regular basis
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 find out 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
Our Los Angeles area drunk driving defense attorneys can get you in touch with the best DUI lawyer in Huntington Beach for your specific case and situation. Plus, they will offer you a no-obligation, free consultation as soon as possible. Call us or complete our contact form to get started.
