4425 Jamboree Road
Suite 180
Newport Beach
CA 92660
Tel: (949) 748-6991
Fax: (949) 748-6994

900 G St
Modesto, CA 95354
Tel: (209) 521–0600
Fax: (209)-529-1116
Email: Contact

Getting Pulled Over

If you get pulled over, you should remember the follwing key points!

You have the right to remain silent

You don't have to tell the officer where you're coming from. You don't have to tell the officer if you've been drinking. You don't have to tell the officer what you've been drinking. Being pulled over is frightening, especially if you have had even the slightest amount to drink prior to driving. The natural tendency is to comply with all of the officers’ demands. Make no mistake: it is not a good idea to be belligerent with the officers, and it is illegal to resist or delay their investigation.

However, other than identifying yourself, assert your right to remain silent! The officers will want you to admit that you were driving, or how much you had to drink, so that they won’t have to prove these facts through physical evidence. Just tell them that you assert your right to remain silent. That way, your answer can’t be used against you.

You only have to give a blood or breath sample AFTER you have been arrested.

During the course of a DUI investigation, you may be asked to provide a sample of your breath by blowing into a device called a Preliminary Alcohol Screen (PAS). It is most frequently given as part of the field sobriety tests. The Vehicle Code requires that you be told that you may refuse this test. Be aware that you do not have to provide the PAS test and doing so will most likely be used by the officer to justify your arrest.

The best advice is to ask the officer whether you have the right to refuse a breath test. After you have been arrested, the “implied consent” law requires that you give either a breath sample or a blood sample. Failure to do so will result in a one year suspension of your driving privilege. [Note: This applies if you are OVER 21. If you are younger than 21, you must submit to the PAS test]

You DO have to provide Identification (Driver's License) and your car's registration if the officer asks for it.

As a general practice, it's a good idea to keep these items handy in your glovebox anyway. The longer it takes you to produce them, the more likely it is that the officer will say you were "fumbling" for them.