Most Californians know what it’s like to be pulled over, but what if it turns into a DUI stop? Would you know what to do? Would most people know what to do? Probably not, but they should. You might be wondering: Do I agree to a breathalyzer? Or, should I refuse? What happens if police decide I’m under the influence? Everything you say and do matters, so you could use a little advice if you ever find yourself charged with a DUI in Oakland.
Keep Your Cool
Traffic stops are nerve wracking, but the worst thing to do is get angry with an officer and act aggressively. It’s counterproductive and will make your stop much worse. The courts may presume you are innocent, but it is an officer’s job to be speculative of everything you say and do and determine if you should be taken off the road. It’s not personal, so don’t make it personal.
Be honest with an officer but don’t say anything more than necessary. Your best bet is to comply with their requests and don’t grumble about your stop. If your case goes to trial and the officer testifies, your behavior during a traffic stop could influence the sentence you receive. A judge or jury would be more inclined to give you a reduced sentence if you were respectful towards an officer.
There are plenty of interactions between police and suspects where an officer is out of line. The vast majority of police are patient and would never think of roughing up a suspect, but some officers violate their code of conduct and use physical force. If you encounter police misconduct, speak with a police brutality lawyer in California.
Should I Agree to Field Sobriety Tests?
When DUI is suspected, police are going to ask you to participate in field sobriety tests, and state law says you have to comply with their wishes.
If you are afraid to participate in field sobriety tests because you have a have a physical ailment or injury, you can tell officers about your limitations. Unfortunately, it is likely an officer is going to ask you to go through field sobriety testing anyway.
You can say “no,” but doing so is going to result in a violation of California’s Implied Consent Statute, and your driver’s license will be suspended immediately. The law also applies to breathalyzers. You will probably be better off if you agree to field sobriety testing and retain a criminal defense lawyer in Oakland to handle your case.
Are Breathalyzers Accurate?
If you don’t do well with the coordination tests, you are going to be asked to take a breath test which will measure the alcohol in your breath. If your blood alcohol content or BAC is over 0.08 percent, you can be charged with DUI and taken into custody.
Breathalyzers are accurate if used correctly, regularly maintained and recalibrated as prescribed by the manufacturer, but not all police departments care for their breathalyzers as they should, and the results are questionable. Additionally, a breathalyzer reading can be inaccurate if the accused suffers from a medical condition like GERD, diabetes or hypoglycemia.
Posting Bond and Getting Out of Jail
If you have been drinking, and an officer has the evidence they need to charge you with DUI, you will be taken to a nearby jail for processing where you can be held until your arraignment. You can get out of jail before your arraignment, but you will need to post bond.
If you are posting bond for someone, you need to know where they are being held. You can locate an individual using an inmate locator listed below:
Alameda County: https://www.acgov.org/sheriff_app/
Once you’ve located the right person, you have a few options to get them out of jail. First, you can pay the predetermined bail amount or get a bail bondsman to pay the bond.
Oakland Police Jail Division
550 6th St.,
Oakland, CA 94607
Glenn Dyer Detention Facility
550 6th St.,
Oakland, CA 94607
Berkeley City Jail
2100 M.L.K. Jr Way,
Berkeley, CA 94704
Set Up a Case Evaluation with a DUI Lawyer in Oakland
It doesn’t matter whether you have been charged with your first DUI, a repeat offense, or a DUI with aggravating circumstances, you need legal advice before you do anything. USttorneys.com can help you locate an experienced DUI lawyer near you in Oakland. They will give you the best defense and do what is necessary to get the best outcome for your case. Don’t wait, call a lawyer today and arrange a case evaluation.