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

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 30 years experience in DUI/DWI defense.


“The death penalty is a lie, a misguided mistake born of anger and frustration. Capital punishment has become a perverse monument to inequality, to how some lives matter and others do not. It is a violent example of how we protect and value the rich and abandon and devalue the poor. The death penalty is a grim, disturbing shadow formed by the legacy of racial apartheid and bias against the poor that condemns the disfavored among us, but corrupts us all. It’s the perverse symbol elected officials use to strengthen their ‘tough on crime’ reputations and distract us from confronting the causes of violence. It is finally the enemy of grace, redemption and all of us who recognize that each person is more than their worse act.”
- Bryan Stevenson