03 Feb What to Do When Pulled over for DUI in Sacramento

If you’ve been arrested for drinking and driving, you need an experienced defense attorney. This is a criminal charge, and if you are convicted, it will go on your record and create potential issues with finding and keeping employment and housing down the road.

First, it is important to understand your rights and responsibilities if you are pulled over by a police officer while driving under the influence of alcohol or drugs.

Implied Consent

California has implied consent laws. This means that if you are pulled over and an officer thinks that you either are intoxicated or may have been using drugs or alcohol, he or she has the right to conduct a Breathalyzer test or take you to the hospital for a blood test.

On the surface, this might seem to clash with your Fourth Amendment rights, which are designed to protect you against unwarranted searches. However, state law says that if you drive in California, you have given implied consent to taking a chemical test to determine if you were intoxicated while driving.

Given these state laws, if you refuse to comply, your license could be revoked simply for refusing to comply. This makes it better to take the test, cooperate with the officer, and fight the charges later with the help of your Sacramento DUI attorney.

Stay Calm

It is important that you remain calm at all times during your interactions with the police. If you are aggressive or combative, it could lead to your arrest, an additional charge of resisting arrest, and further legal complications.

Let the officer go through the process, and if you are arrested, request an attorney immediately. At that point, you do not need to speak or answer any questions without an attorney present. The officer is required to inform you of your right to counsel, as well as the right to remain silent, when placing you under arrest.

Next Steps

You may have your license confiscated and you may be arrested depending on your level of intoxication. You will then be taken to the police station and booked. Once booked, you will have the right to call an attorney and should do so immediately.

Typically, you can get out of jail by paying a bail amount, after which we will go to work building your case. Remember, it is within your best interests to have a DUI attorney by your side as quickly as possible to ensure that your rights are protected and that we start building a defense case from day one.

Administrative Hearings and Trials

Your case may be resolved through an administrative hearing, where we can represent you, as well. However, if your case is not resolved through the administrative hearing process, you will need to go to court. Having an attorney at your side will increase the likelihood of a favorable outcome in either scenario.

Work with a Sacramento DUI Defense Attorney

If you are arrested in or near Sacramento for drunk driving, you will need an attorney to defend you against your DUI charge. Call 916-303-2800 to speak with Crowell Law Offices, or reach us through the online contact form on this page.