Ventura DUI Attorney who will vigorously defend your rights, your license, and your freedom
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— Darryl Genis
It is never a good idea to drink and drive within 12 hours of consuming alcohol. And yet a surprising number of drivers young and old do just that. If you get behind the wheel after a few drinks and get pulled over, you can expect the following to happen. Just remember to keep your cool and monitor your responses just as I describe:
1. Vehicle in Motion: The officer sees your car and develops a "reasonable suspicion" that you have broken some law. And of course they are acting at their own discretion. The Ventura police may spot minor annoyances like "loud music" and no front license plate and pull you over. If you are speeding and weaving, they will certainly pull you over.
2. Personal Contact: This is where the officer comes up to your window and talks to you. Just give him your license, registration, and proof of insurance. Do not answer any of his questions. In Ventura, the police will ask you to take a PAS (Preliminary Alcohol Screening) test when they first contact you. Don't blow in it. (Unless you are under 21). Just say politely, "No thank you." (It is not accurate, and it can spread infectious diseases because there is no back-flow valve on the heated chamber). By the way, the Police use the "Draeger 7410" to give the PAS test which you don't have to take. This is the same machine they will also try to use as an implied consent breath test if you are arrested, and they will lead you to believe that you have to take this test. Unless you are under 21 years of age, you do not have to take the Breathalyzer test. If you are arrested, I recommend that you take a blood or urine test instead. (These tests will leave you something to re-test so you can defend yourself). The officer is supposed to advise you that you do not have to take a PAS test (VC 23612(h)). They usually don't tell you that fact. Instead, they imply that you have to take that test under color of authority. You have nothing to gain by taking a PAS test. The police have nothing to lose by convincing you otherwise.
3. Pre-arrest Interview: This is when the police will ask more personal questions and administer Balance and Coordination tests. There are only three tests that are validated by scientific research as Standardized Field Sobriety Tests:
1. Nystagmas (the Eye test).
2. Walk and Turn (nine steps out and nine steps back).
3. One Leg Stand (performed on one leg of your choice, not on both legs).
Do not take these tests unless the officer shows you his certification from the national highway traffic safety administration (NHTSA), and you are assured that your test performance is being recorded on video.
7 Ventura DUI Tips
- Always be polite to the officer.
- If the officer approaches your window, just give him your license, registration, and proof of insurance.
- Do not answer any of the officer's questions.
- Unless you are under 21, do not blow into the PAS (Preliminary Alcohol Screening) test. Just say politely, "No thank you."
- If you are arrested, remain calm and take a blood or urine test instead of the PAS test.
- If the officer requests that you take balance and coordination tests, request to see a valid certification from the National Highway Traffic Safety Administration (NHTSA).
- If you consent to taking the balance and coordination tests, confirm that your test performance is being recorded on video.