Item: Los Angeles DUI Lawyers Hoffman and Associates
Rating: 5
Author: Micaiah Botts

Driver’s Rights During a California DUI Stop

Do I have a right to an attorney in deciding whether or not to take the blood test or the breath test?
Do I have a right to an attorney during the administration of the breath or blood test?
Do I have the right to have an attorney present before any questioning?
Do I have the right to remain silent?

When a person is stopped on suspicion for driving under the influence, the officers have certain rights to pursue in order for them to build a case. The driver is also protected in certain instances under the United States Constitution. However, case law through the centuries has carved out several exceptions for DUI stops in order for officers to conduct an investigation and collect evidence against the driver. Being aware of what rights a person has, and what rights a person does not have will help protect the driver in giving the prosecution a weak case.

1. Do I have a right to an attorney in deciding whether or not to take the blood test or the breath test?

Unfortunately, a person who is stopped for a DUI does not have the right to consult an attorney before they decide to take a blood or breath test.

2. Do I have a right to an attorney during the administration of the breath or blood test?

This right is also not guaranteed during a DUI stop. The officer is not required to allow the driver’s attorney to be present during the field sobriety test. However, if there are issues that arise later, the attorney or driver has the right to be retested. The driver or attorney also has the right to request maintenance records for the machine that produced the test results in order to expose any errors or malfunctions that may be present.

3. Do I have the right to have an attorney present before any questioning?

One of the exceptions carved out by case law is that a person stopped on suspicion of a DUI does not have to be read their Miranda rights. This means that officers are not required to wait for an attorney to be present, if the drivers asks for one, before they conduct any questioning. The questions that are asked are generally not interrogative, nor are they in a custodial setting.

4. Do I have the right to remain silent?

When a person is stopped and questioning regarding a possible DUI, they have the Constitutional right to remain silent. They are required to answer only basic questions regarding identification, insurance and current address. However, they do not have to answer when they are asked if they had been drinking, how much they had been drinking, where they had been, and how long they had been driving, etc. They may respond politely that they do not wish to answer the question.

Prosecution primarily builds their case based on the officer’s report and account of the night. The officer will include all observations they directly made, as well as any information they gathered from questioning the driver. If there are less comments and information gathered by the driver, the government’s case will be weaker. Thus, it is advised to remain polite and cooperative, but answer as little as possible.

Strategies For Representing Clients Facing Felony DUI Charges in Los Angeles Courts A felony DUI charge is a very different offense than a misdemeanor DUI charge.sA misdemeanor DUI offense covers a wide variety of factual situations,…
Arrested For a DUI in Los Angeles? What is The Legal Difference in a Guilty Plea Versus a No Contest Plea Hoffman and Associates is a Los Angeles and San Diego based law firm specializing in protecting our clients facing drunk driving charges, as well as…
Elements of asSan Diego DUI Case That Make it Weak or Strong The officer's observations in the police reports that he completes after an arrest, are the basis for determining the relative strength or weakness of…

★★★★★

I can't begin to thank Mr. Hoffman enough for his extensive efforts throughout the entire case. He went absolutely above and beyond throughout the entire process. From day one he was immediately actively pursuing ways to prevent my case from ever going to court and once that was no longer an option, actively began working on getting the case ultimately dismissed. His communication was consistent and reassuring, despite my frantic worries all the time... Micaiah Botts

My family and I simply owe our life and future to Ron Hoffman. If you are looking for a lawyer that goes above and beyond the call of duty you can't find a better lawyer than Ron. He took my case head on from the moment I called his office. I was involved in an accidental hit and run where I was unaware of the injury. Every step of the way, Ron guided me through an almost two year long investigation and court settlement process and was constantly by my side through out every crossroad... Bill Martin

Ron Hoffman and his staff were Fantastic when dealing with such a serious issue of DUI. When I first Called Ron I was very nervous and worried for my daughter and her freedom. She had a failure to appear on top of her DUI and I knew just how bad this could be. Ron was able to immediately put me at ease and gave me the confidence that there was hope and a light at the end of the tunnel. Ron was able to get the failure to appear dismissed and also no jail time for my daughter... Claude Brown

I have been working with Mr. Hoffman for over 11 years. I have seen first hand his genuine dedication to his clients, and how his experience, knowledge and passion have gotten clients fantastic results. He treats each of his clients as his only client, and takes the time to develop detailed strategies and defenses for each individual case. I have never hesitated to refer Mr. Hoffman to anyone who has asked me for a good Criminal Defense attorney. He is a fantastic attorney!... Neeta P.

I had a DUI issue recently. I have never had a problem with the law as serious as this one. I did panic a bit after and knew I had to get a lawyer to help my future. I researched the Web and read the reviews for awesome DUI Lawyers. Hiring a lawyer can be intimidating. Ron's 30 years experience and step by step guidance helped me with my case. Jonie was amazing with keeping me calm. Ron Hoffman is a great lawyer and I would refer any friends or family to him... Manuel Gomez

Ron was so accommodating and professional. With a Firm like his you wouldn't expect him to be as accessible, but he immediately returned phone calls, was easy to communicate with and was very sympathetic to my situation. He went above and beyond and was able to get a better result than I'd hoped or expected. I highly recommend Ron Hoffman and his firm. He made a difficult and anxiety fueled process bearable and made me feel safe. He is a lovely man. One does not wish to need a criminal attorney, but if you do need one, Ron's the guy to call... Teri A.

Ron and his team were the perfect pairing for what I needed taken care of. Every step of the way he was extremely helpful and informative (not his first rodeo). His work ethic and attitude were exemplary and it showed with the results of using his services. I would recommend anyone I know to give Ron a call if they need help in his realm of expertise. Many thanks Ron and associates!... Donald N.

I didn't hire a lawyer for my first DUI... What a mistake! Ronald goes above and beyond with his art and knowledge of custom strategy according to your case. lawyer of the year (every year)... Adam R.

I hate lawyers. They are hard to get a hold of, greedy and unreliable. Ron is the opposite of all these things. He deserves 6 stars, and I very much recommend him. He helped me through my case with nothing but kindness, understanding, and knowledge and eventually got it dropped. Thanks for everything Ron!... Avi Z.

Submit a Law Firm Client Review