In 2023 California averaged nearly 1100 deaths from drunk driving related accidents. 800 people in the state lost their lives because of a negligent or intoxicated driver. In response, police officers have started to greatly crack down on drunk drivers in California and throughout the nation and because of their persistence, the rate of fatalities due to drunk drivers has dropped just over 50% on a national average. This is great news because drunk drivers are not only dangerous to themselves, but other drivers on the road as well. However, the tests administered to those who are suspected of drunk driving, are anything but fool-proof.

However, the tools used to detect drunk driving are not without their flaws. If you have been recently stopped at a DUI checkpoint or pulled over by a highway patrol officer under suspicion of driving while intoxicated, you were most likely asked to adhere to a few tests. These tests are the field sobriety test, used to determine coordination, balance and memory, or a breathalyzer test. Field sobriety tests are administered on the side of the road next to your vehicle and generally require you to do a few simple movements that would be difficult to complete if you were intoxicated. These are commonly the "walk in a straight line" test, following a pen with your eyes or being asked to count backwards from a particular number. If this test is failed, an arresting officer will ask you to submit to a breath test. Breath tests are used to determine your blood alcohol content (BAC) and if you blow a .08% or higher, you will be arrested.

Arrested For DUI?

What happens though, if you decide that you do not wish to adhere to these tests? Failure to comply with an officer and participate in sobriety tests will automatically render the suspension of your license and could warrant an arrest. Under the California implied consent law, if you do not wish to take a sobriety test, you are allowing the officer to assume you are guilty of driving drunk.

An experienced and understanding Lake Elsinore criminal defense lawyer can help. A lawyer can fully examine all the actions that led up to your arrest and the assumptions of the officers to place you under arrest. In California, a police officer must have a valid reason to pull you over, i.e. swerving, braking erratically or driving recklessly. If you were stopped unlawfully and denied taking a BAC test or field test, you may have a face.

Do not go another day without your driving privileges and allowing your rights to be walked all over, contact an attorney from out office today!