January 14, 2007 If you are stopped for a DUI investigation, and you are in California, "Don't answer a bunch of questions about where you were coming from and where you are going. Don't answer questions about when you slept last and how long you slept, when you ate last and what you ate, what time you started drinking, stopped drinking, where you were drinking, what you were drinking and how much you had to drink. This is a ploy by the police officer to get information to turn over to the District Attorney's expert to try and show that you are intoxicated at the time of driving. You were being stopped for possession of drugs or burglary, or theft, or any other crime, the police would be required to read you your rights to remain silent and the right to an attorney. However, in a DUI stop, the courts have told the police for public safety, that the police can ask preliminary field sobriety test questions, so the clever District Attorneys have to told the police to include these questions into the field sobriety test questions. They have nothing to do with the field sobriety tests, but once you answer them, they get used against you. If it were me, I would give the police officer my license, registration, and proof of insurance, and I would have it out and ready for the officer when the officer approaches the car and asks for them. If the police asked if I know what the speed limit is, I would just say Officer, if you are suggesting that I was speeding I disagree but I will sign the citation, and say nothing more. If the Officer asks if you have been drinking, DON'T , DON'T, DON'T LIE; just don't answer the question. Answer the question with a question, such as, why do you ask Officer? If the Officer then tells you to get out of the car, do it, but as you get out of the car don't lean against the car or the Officer will say that you had to hold yourself up. When you get to the side of the road, and the Officer starts asking you the pre-field sobriety test questions, just stop and tell the Officer, politely, always politely, Officer I have nothing to say, and I have been advise never to take any subjective tests such as field sobriety tests, but if you think I am drunk, then I demand to take a chemical test, and only the chemical test. Personally, I would take the breath test, but you may wish to take the blood test, but don't again don't take both. If the Officer gets rude or tough with you because you won't take the field sobriety tests, just say, alright Officer, I tell you what I will do, you show me the penal code or vehicle code section that requires me to do these tests, and I will do them. I think you should have told me that I didn't have an obligation to do them, and I again demand to take a chemical test. Now, be assured that if you follow this information, you will go to jail, but chances are you are going anyway, and if you do the field sobriety tests, it will be your word against the Officers as to how you did on them. This is what I would do if it were me, but you do what you feel comfortable with. Remember, the police officers don't always administer or interpret the field sobriety tests correctly, but if you take them, you will have the burden of trying to prove that; and that is tough, not impossible, but tough. Again, this is what I would do. I hope this information is helpful to you.
