DUI Frequently Asked Questions (FAQs)

DUI law in California may be complicated, but you are not alone. After you are pulled over on suspicion of drunk driving, don't panic. Panic may only give the police officer probable cause to arrest you.

The Law Office of Ronald A. Cabanayan has helped people across San Jose and Santa Clara County who have been arrested for DUI. These are some of the drunk driving FAQs I have been asked most often:

  • Can I refuse a sobriety test? Depends on the test. Field sobriety tests happen while you are pulled over but before you are arrested, and these you may refuse. They are very unreliable, and even sober people fail these tests. They are merely in place to give an officer reason to arrest you. By refusing, you still may be arrested, but it takes ammunition away from the prosecution as they try to prove your guilt.
  • What about a blood or breath test? These you should not refuse. When you sign up for a driver's license, you agree to take a chemical sobriety test in the event you are arrested. Refusing to do so could have its own set of consequences, including losing your license or making your penalties worse if you are later found guilty.
  • What if I wasn't read my Miranda rights? If you aren't read your rights, any evidence that was obtained may have to be discounted. In some instances, this would leave no remaining evidence for law enforcement to use against you, and your case may have to be dismissed.
  • Can police search my vehicle when I pulled over for drunk driving? If you give them permission to, they can. That is why it's important to know your rights, and know that you are allowed to refuse a search of your vehicle. Police are, however, allowed to use items in plain sight against you such, as open containers of alcohol or drugs.

Remember: you have the right to an attorney. By calling a criminal defense lawyer as soon as possible, you can receive specific counsel for your individual situation. My office is open and here to help. Call 408-758-5673 to get the advice you need, or reach out online to schedule a free consultation today.