Los Angeles DUI Traffic Stop Lawyers
DUI Traffic Stops
The majority of DUI arrests stem from a traffic stop by a police officer. Sometimes the officer witnesses driving violations that indicate intoxication, such as weaving through lanes, making bad judgment calls, or driving with the headlights off. However, there are other ways DUI traffic stops are made, and you can avoid them.
Keep Your Car Maintained
Police officers often pull cars over for a variety of minor infractions, including a broken taillight or expired registration. Once the officer has pulled you over, he can establish "reasonable suspicion" to detain you through a variety of ways; such as smelling alcohol or marijuana on your breath. This reasonable suspicion allows the police officer to search your car and conduct field sobriety tests. A Los Angeles DUI arrest can happen even if the officer never witnesses any impaired driving. However, most of these minor infractions, from having a taillight out to a cracked window, are preventable before you even get in the car.
Though the traffic violation may have nothing to do with intoxication, here again, once a police officer comes up to your window and smells alcohol or the odor of marijuana; he can search your car and administer sobriety tests. Doing all of the little things right while driving your car, such as signaling before changing lanes, following the speed limit and coming to a full stop at stop signs, can prevent a traffic stop before it happens.
What to do Before and After Being Stopped for a Traffic Violation
Even before you are ever stopped for a traffic violation in Los Angeles, it makes sense to have your paperwork handy. Do you know where the DMV registration and the proof of insurance card are located in your vehicle? Make sure they are immediately accessible. That way if you are stopped you will not be fumbling for your license, registration and insurance card. Also, most police officers prefer that you remain seated with both hands on the steering well as they approach your car. Do not be reaching towards the glove compartment or under your seat while the officer walks up to you. The officer may think you are trying to hide something or worse, trying to retrieve a weapon. Instead, look at the police officer as they approach the car. This shows that you're alert and understand the situation.
The police officer will probably ask if you've been drinking. You do not have to answer the question. But simply sitting there and not responding will mistakenly appear that you may be very intoxicated. It is better to politely tell the officer that you'll be cooperative, but that you do not wish to answer any questions. Some people opt to sidestep the question by asking the officer a question, such as "Why was I pulled over?" Otherwise, if you admit that you have been drinking, this gives the officer enough information to administer field sobriety tests.
If the officer has pulled you over for a traffic violation and the officer asks you to perform field sobriety tests in Los Angeles, you can decline. These balance and coordination tests, commonly referred to as FST's, are used to establish "cause" to pursue whether you are driving under the influence. Whether you take these tests is your decision and is dependent on your particular circumstances. Of course, it is also wise to indicate to the officer any existing medical condition or injury that would affect your balance and coordination. And then respectfully decline to perform the tests. You should know that field sobriety tests are very subjective and not always reliable, nor are breath tests reliable. Each test must be completed in a manner consistent within a tight set of restrictions and proper police procedures. If not, the DUI arrest won't stand up in court.
If you have questions about whether the police followed proper procedures or if your rights may have been violated, do not hesitate to give our Los Angeles drunk driving defense lawyers a call.
DUI Resource Center
- DUI Defense FAQs
- Boating Under the Influence
- DUI Accidents and Who Pays
- Incorrect Arrest Procedure
- DUI and Loss of Income
- DUI and Loss of Transportation
- Multiple DUI Offenses
- Vehicular Manslaughter
- DUI Fines
- DUI Sentencing
- DUI and Loss of License
- California DUI DMV Hearings
- What Police Look for in a DUI Case
- After a DUI Arrest
- DUI Traffic Stops
- Police Mistakes in DUI Arrests
- DUI Accidents
- DUI Fatalities
- Blood Alcohol Concentration
- Breathalyzers
- Field Sobriety Tests – FST’s
- Blood Tests
- Cognitive Tests
- Dexterity - Field Sobriety Tests
- Preliminary Breath Testing
