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How to Protect Yourself During a DUI Investigation – Advice from Los Angeles DUI Attorney

When a police officer suspects that a driver is under the influence of drugs or alcohol, they will conduct an investigation that may lead to a DUI arrest. Los Angeles DUI Attorney is here to explain how to protect yourself during a DUI investigation and minimize the risk of self-incrimination.

Understanding the Officer’s Role in a DUI Stop

A police officer who pulls you over may appear friendly, but remember—they are simply doing their job, which includes stopping drivers and investigating potential DUI offenses. Los Angeles DUI Attorney advises that you do not assist the officer in conducting their investigation.

While officers have discretion and are not required to arrest every driver they stop, if they establish probable cause to believe you are under the influence, they are obligated to arrest you. Public policy strongly encourages DUI arrests because if a suspected drunk driver is let go and later causes an accident, the officer may be held accountable. For this reason, once a Los Angeles DUI investigation begins, it often leads to an arrest regardless of how well you handle the situation.

To protect yourself, Los Angeles DUI Attorney recommends the following:

1. Do Not Argue, But Be Cautious About Answering Questions

Comply with the officer’s lawful orders, but avoid blindly answering investigatory DUI questions. The police officer may ask you to submit to a Preliminary Alcohol Screening (PAS) Breath Test before arresting you.

• If your BAC is above .08%, it will be used as evidence against you in court.
• However, for the test to be valid, the officer must observe you for 15 minutes before administering it. During this time, they will ask you seemingly irrelevant questions and request that you perform field sobriety tests (FSTs).

2. Be Wary of the Officer’s Questions

The officer’s questions are not random—they are designed to eliminate possible defenses and undermine your credibility if you later testify in court.

For example, they may ask:

• “How many drinks have you had?”
• “When was your last drink?”

Most people underestimate their drinking and give an inaccurate answer. Later, a blood alcohol test may contradict your statement, making you look dishonest.

• If you lie, it will be used against you to damage your credibility.
• If you tell the truth, you are confirming the test’s accuracy, making it harder to challenge.

Los Angeles DUI Attorney recommends politely refusing to answer any questions without a lawyer present. You are not required to answer and doing so will not help you avoid arrest.

3. Field Sobriety Tests Are Not Reliable—Politely Decline

Field sobriety tests (FSTs) are highly subjective and can be failed by sober drivers just as easily as intoxicated drivers.

• If you perform well, officers may assume you have a high alcohol tolerance, meaning you drink frequently.
• If you perform poorly, officers will assume you are impaired.

Regardless of the outcome, officers will document anything that supports their belief that you are intoxicated.

Do Field Sobriety Tests Help Your Case?

No. Even if your breath test shows a BAC above .08% but you perform well on the FSTs, the officer may still assume you are guilty due to high tolerance. Los Angeles DUI Attorney warns that these tests rarely work in your favor.

4. Know Your Rights: Ask If You Are Required to Comply

When an officer asks you to perform FSTs or answer questions, politely ask:

“Am I required by law to comply?”

If the officer says “No,” politely decline to participate without a lawyer present.

Beware: Officers may say you are required to take FSTs. If this happens:

• Do not argue—instead, request to speak to the officer’s commanding officer for confirmation.
• Remind them that you are only required to submit to a breath or blood test at the station.

5. What Happens If You Refuse to Cooperate?

If you refuse to answer questions or perform FSTs, you will likely be arrested. However, this is not a conviction—it is simply part of the legal process.

Once arrested, you can still fight the charges. Los Angeles DUI Attorney has successfully challenged many DUI arrests by exposing improper police procedures, unreliable tests, and lack of probable cause.

Contact a Los Angeles DUI Attorney for a Free Consultation

If you are facing a DUI charge, do not navigate the legal system alone. Los Angeles DUI Attorney offers free consultations and can help you:

Understand your rights
Challenge the evidence against you
Fight for reduced charges or case dismissal

Call Los Angeles DUI Attorney today for expert legal advice and an affordable payment plan to help you fight your case. Your defense starts now!

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