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Frequently Asked Questions of
Southern California DUI Attorney Todd A. LandgrenThe following information includes frequently asked DUI related questions. The answers stated are general in nature and are not intended to apply to every drunk driving situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Southern California DUI defense lawyer Todd A. Landgren, you can receive a free personal consultation regarding the specific nature of your case. Do I have the constitutional right to speak to an attorney before I have to take a field sobriety test? Your right to an attorney or to advice of counsel does not attach until you are formally arrested or placed in custody. If at any time during the officer's stop you believe you need an attorney, it is always good policy to ask for an attorney. Listen to what the officer says in response to your request for an attorney, as this response could be very important if he misrepresents the law to you. > Back to Top Should I refuse to submit to the field sobriety test? You are not legally required to take a field sobriety test (FST). This, unlike the chemical tests to determine your blood alcohol concentration [BAC], may be declined. However, it is difficult to advise which decision to make. Usually, the performance on these tests will be used against you but failure to take the test may also be commented on in trial. When asked to take a chemical test by a police officer that has already arrested you, if you refuse there are serious consequences; i.e., loss of your driver's license. You can, however, respectfully decline to take the field sobriety test. Remember, always be polite and courteous to the officer. If you are rude or become abusive or obstructive, the only person who is going to lose is you, not the police officer. You can certainly, if you choose to refuse the field sobriety test, do so in a polite and courteous manner. > Back to Top If the police officer asks me if I have been drinking, how should I respond? If the officer asks you "Have you been drinking?" your answer will be a significant factor in the officer's decision to arrest you and in the prosecution's case against you if you are charged and tried for drunk driving. Denial of drinking, if you have consumed alcohol, means that you are lying and can be detrimental. Conversely, saying that you finished your drinks “a couple of hours ago” can be equally devastating. Such questions are "accusatory" in nature and you should respectfully decline to respond in a polite and courteous manner. You can respond, "I would like to speak with an attorney before I answer any questions." It must be remembered that the officer does have a right to certain information that the courts appear to look upon as routine questions. For example: What is your name? What is your address? What is your date of birth? Etc. When the officer inquires into drinking, however, you might consider asking for an attorney as set forth above. The officer will then probably say you do not have a right to an attorney and ask you to answer the question. At this point, your best course of action could be to "respectfully" decline to answer without the advice of counsel. A good drunk driving attorney will give the jury some reason for your respectfully declining to answer the question. > Back to Top Should I consent to a chemical test to determine my blood alcohol concentration? A driver is required by law to submit to a chemical test of his blood or breath upon request of the police officer AFTER a valid arrest. You need not submit to any chemical test including a preliminary alcohol screening (PAS) prior to being arrested. Most attorney’s recommend that you NOT take a PAS test. The consequences of refusing to submit to a chemical test after arrest vary from state to state, but usually your driver's license will be suspended. This driver's license suspension may even be upheld if you are subsequently found not guilty of the drunk driving charge. The license suspension may be worse than the punishment for the DUI! In the trial of the drunk driving charge in a court of law, your refusal will in all probability be introduced by the prosecution as evidence of your "consciousness of guilt." Without a doubt, however, a competent criminal defense attorney will offer other reasons for your refusal. The decision to refuse a chemical test is one not to be made lightly. If you believe that submitting to a chemical test will produce evidence of a high blood alcohol concentration, you must weigh that against the consequences for refusing to submit. > Back to Top Which chemical test should I choose? The police officer will offer you a choice of a breath or blood test. If one of the tests is not available, you will have to select from those that are; i.e., if breath is not available, you are going to have to choose blood or urine. You do not have a right to choose urinalysis and then try to argue it's their problem that they didn't have it available. You will lose this argument. The officer will in all likelihood treat you as a "refusal" and all of the adverse consequences associated with a refusal will occur. If you choose a breath test, at the completion of the test you may ask the officer for a second test of either blood or urine so that your defense attorney can run an independent test to compare the results against the breath test. Many attorneys, myself included, do not recommend the second test in that it will only “confirm” the results of the first test. It is important to remember that if you are concerned that there may be any substance in your body, other than alcohol, then by all means select only breath and do not take a second test of blood or urine unless arrested for DUI drugs, then you may have to take a blood or urine test. The most accurate test, in my opinion, is a blood test. The next most accurate test is breath and the least accurate is urinalysis. If you are sure of your sobriety, choose blood. Or in the alternative, take a breath test and ask for a blood test as a second test. If you are concerned about your state of sobriety, choose a breath test. > Back to Top Should I get a lawyer? Why can't I represent myself? You certainly have a right to represent yourself, but remember the very old legal maxim that goes, "He who represents himself has a fool for a client." Let's assume that you had a need for an appendectomy. Would you go to the store and buy a do-it-yourself appendectomy kit and try and remove your own appendix? Of course not. A drunk driving charge requires an expert drunk driving attorney, someone who is familiar with the analysis methods, evidentiary issues and constitutional issues that will be faced in a drunk driving trial. If you are going to seriously defend yourself against a drunk driving charge, you are going to need an experienced drunk driving attorney. How do you determine what kind of attorney you need? The attorney who prepared your will, the attorney who handled your divorce, or the attorney who handled your personal injury or worker's compensation case will probably not be the attorney you need. The best way to find a qualified attorney is to ask questions of that attorney and establish his or her qualifications. The attorney you select must be someone who you have confidence in, who can communicate with you, who knows the Court and its procedures, and who can communicate with the court and the prosecutor and make THEM give YOU the deal you want, not vice versa! The attorney MUST understand the complex issues presented in a drunk driving case and know the “loop holes” that will enable a great result. If you or someone you know in Orange County or throughout Southern California needs the assistance or legal counsel of an experienced DUI lawyer, contact Todd A. Landgren today at 866-707-9977, or complete the contact form provided on this site to begin your free consultation. > Back to Top
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