法律英语：93 Getting Pulled Over for DUI

by Michael W. Flynn

First, a disclaimer:  Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed² to practice in your jurisdiction³.

Today’s episode will focus on your legal rights in California when a police officer suspects you of driving under the influence of alcohol—the last of a three-part series on your rights when you get pulled over. Here are a few tips to avoid a DUI (driving under the influence) conviction in California.

First, the most effective way to avoid a DUI conviction is simply not to drink and drive. If you have any doubt as to whether you are OK to drive, don’t. Take the bus, call a cab, or call a friend. If you drive drunk, you will lose, at best, your license¹. At worst, you will lose your own life, and possibly take the lives of others.

Second, remember to be polite to police officers. You gain nothing by being belligerent⁴.

Third, obey officers’ commands. Officers may order you to get out of the car, and refusing to do so can get you arrested. As I mentioned in the first episode, you do not have to speak to the officer. But, you must get out of the car and present your license and registration⁵.

If the officer has noticed signs of intoxication⁶ such as weaving across lanes or alcohol on your breath, the officer will likely want to conduct field sobriety tests on you. Field sobriety tests are coordination⁷ exercises that are very difficult to perform properly if you are under the influence of alcohol. They range from simply following a light with your eyes to standing⁸ on one leg for a short time. The officer will be looking for signs of intoxication.

But, here’s the tip: you are not required to submit to field sobriety tests. You may simply tell the officer that you do not wish to participate. You are not required to explain why. But, your refusal to take the tests can give an officer one more reason to arrest you. Also, your refusal can be used against you in court. This is different from your choice to remain silent when an officer asks you questions. That cannot be used against you in court. But, your choice to refuse to participate in field sobriety tests can.

When choosing whether you should take the tests, here are few things you should know. First, the tests are designed to spot signs of physical intoxication. If you have had nothing to drink, taking the tests is probably a good idea. You are likely to perform them well, and the officer will feel comfortable letting you go because you are not drunk and are not a danger to yourself and other drivers.

But, field sobriety tests are not always accurate. Some tests are naturally difficult for people to complete when totally sober. If you perform poorly for some reason other than alcohol, it will still appear to the officer that you are drunk. Officers in California are trained to identify the mistakes you make, not necessarily to identify the things you do well.

If you have been stupid enough to drink and drive, then taking the field sobriety tests will only provide more evidence against you for when you are arrested and charged with DUI. So, don't take them.

Next, let’s discuss alcohol testing. In California, you are required to submit to either a blood or breath test for alcohol. Officers are technically⁹ required to inform you that you may choose between the two tests, but they rarely do. If you refuse to take one of these tests, you will likely lose your license for a year, even if you are completely sober.

The officer might ask you to take a breath test immediately, but the test is merely a preliminary alcohol screening, and is not the breath test you are required to take. You may refuse to take this breath test without losing your license. In fact, the preliminary alcohol screening device is not very accurate for a variety of reasons. If you have had anything to drink, it is best not to take this test. Just be sure to tell the officer that you would like to refuse this preliminary screening test only and that you will submit to a blood or breath test at a police station.

At this point, the officer will likely arrest you if you have showed any signs of intoxication. After being arrested, the officer will take you to a police station where you must then submit to a breath or blood test.

There is no universal advice about whether to choose the blood test or the breath test. But, here are a few things to consider:

A blood test is more accurate, and the blood sample can be retested for even greater accuracy. But, submitting to a blood test means that a blood sample must be drawn¹⁰. If you are nervous around needles, do not take the blood test. Also, taking a blood sample can take a long time, especially if the police have to wait to find a technician or a nurse who is licensed to take your blood. A breath test is much faster and less intrusive¹¹. Rather than giving a blood sample, you just blow into a machine. But remember, drinking and driving is illegal and stupid.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹² Life.

You can send questions and comments to。。。。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.

 

1 license   

n.执照，许可证，特许；v.许可，特许

参考例句：

• The foreign guest has a license on the person.这个外国客人随身携带执照。
• The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。

2 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

3 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

4 belligerent   

adj.好战的，挑起战争的；n.交战国，交战者

参考例句：

• He had a belligerent aspect.他有种好斗的神色。
• Our government has forbidden exporting the petroleum to the belligerent countries.我们政府已经禁止向交战国输出石油。

5 registration   

n.登记，注册，挂号

参考例句：

• Marriage without registration is not recognized by law.法律不承认未登记的婚姻。
• What's your registration number?你挂的是几号？

6 intoxication   

n.wild excitement;drunkenness；poisoning

参考例句：

• He began to drink, drank himself to intoxication, till he slept obliterated. 他一直喝，喝到他快要迷糊地睡着了。
• Predator: Intoxication-Damage over time effect will now stack with other allies. Predator:Intoxication,持续性伤害的效果将会与队友相加。

7 coordination   

n.协调，协作

参考例句：

• Gymnastics is a sport that requires a considerable level of coordination.体操是一项需要高协调性的运动。
• The perfect coordination of the dancers and singers added a rhythmic charm to the performance.舞蹈演员和歌手们配合得很好，使演出更具魅力。

8 standing   

n.持续，地位；adj.永久的，不动的，直立的，不流动的

参考例句：

• After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
• They're standing out against any change in the law.他们坚决反对对法律做任何修改。

9 technically   

adv.专门地，技术上地

参考例句：

• Technically it is the most advanced equipment ever.从技术上说，这是最先进的设备。
• The tomato is technically a fruit,although it is eaten as a vegetable.严格地说，西红柿是一种水果，尽管它是当作蔬菜吃的。

10 drawn   

v.拖，拉，拔出；adj.憔悴的，紧张的

参考例句：

• All the characters in the story are drawn from life.故事中的所有人物都取材于生活。
• Her gaze was drawn irresistibly to the scene outside.她的目光禁不住被外面的风景所吸引。

11 intrusive   

adj.打搅的；侵扰的

参考例句：

• The cameras were not an intrusive presence.那些摄像机的存在并不令人反感。
• Staffs are courteous but never intrusive.员工谦恭有礼却从不让人感到唐突。

12 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。