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Forget about a monthly quota - convicting lots of people for driving under the influence is the kind of economic stimulus cities and states need these days just to have the cash to survive and offer basic governmental services. Combine this with the fact that the California DUI laws are getting stricter and stricter, and you’ll want to make sure you know what tactics police use to arrest as many people as possible.
Most people, when faced with an authority figure, truthfully answer questions that are asked of them. But if a cop asks you if you’ve been drinking, respectfully do not answer. This is because anything you say can incriminate you. And you are afforded the right under the US Constitution to request that your lawyer be present when you are being questioned. Therefore, don’t volunteer anything!
Speaking of volunteering, if you’re at a California DUI checkpoint, and if you are overweight and/or middle aged, watch out! You might not be as steady on your feet anymore, and passing a field sobriety test like the one-leg stand test and the walk-and-turn test may not be a slam dunk. The cops know this and will definitely ask people like you to take these kinds of tests. But did you know these tests are completely voluntary? If you’re asked to take them, it is your right to refuse, and you won’t face any repercussions.
If you want to avoid a California DUI, you must know the law, and DUI cops are banking on the fact that you don’t. Do not confuse refusing to take a field sobriety test with refusing to take a blood alcohol concentration (BAC) chemical test. Whereas refusing a field sobriety test carries no repercussions, refusing to submit to a chemical test will result in the loss of your driver’s license on the spot. This is because California is an implied consent state; you gave your implied consent to a chemical test when your driver’s license was issued to you.
We all lead busy lives. Busy lives leads to fewer hours of sleep and more blood-shot eyes. However, according to California’s per-se law, blood-shot eyes can be the circumstantial evidence used by cops to subjectively determine you to be an unsafe driver and, therefore, under the influence.
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