What To Know If You Are Stopped For Driving Under The Influence

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San Francisco Bay Area DUI Defense Lawyer

  • You may respectfully refuse to answer questions of the police. Know that any incriminating statements you make to the police may be used against you.
  • If an officer asks you to get out of the car, you must do so.
  • You are not, however, required by law to participate in field sobriety tests. You may refuse to do so if the police request you to perform such tests.
  • You have the right to refuse a search of your car.

If you are over twenty-one years old you are also not required to undergo a roadside breath test. If you are sure you are significantly under the .08 blood alcohol limit, you may want to allow them to conduct this test, but if you are not sure, you may refuse to do so.

The police must offer you a choice between breath or blood testing. Generally you cannot refuse both tests. By driving a car, you are considered to have given "implied consent" so that you may have your license suspended by refusing these tests. The police must advise you of this fact if you refuse.

If the police take you to the station, tell them you want a lawyer and that you do not want to answer any questions.

What you want from your lawyer in DUI cases:

  • You should have your attorney contact the DMV within TEN days after the incident to request a hearing contesting your license suspension.
  • Your lawyer should have experience with DUI cases and familiarity with the technical evidence that may be addressed in DUI cases.
  • Your lawyer should be familiar with experts who can testify regarding police procedure and blood and breath analysis.

For questions relating to your DUI case contact The Law Offices of Seth P. Chazin. Seth P. Chazin has over 25 years experience in DUI/DWI defense.

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Seth P. Chazin is a San Francisco Bay Area Criminal Defense Lawyer with over 25 years experience.

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Seth P. Chazin is recognized by Super Lawyer. Super Lawyers® is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. This recognition is earned only by the top 5% of attorneys in the state. The selection process for Super Lawyers has many steps and includes independent research, peer nominations and peer evaluations. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. To learn more about the selection process, click here.

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