The DUI Traffic Stop

A detention or a traffic stop is unlawful unless the police have reasonable suspicion for that stop / detention. The corollary to this rule is that an investigative stop or detention predicated on circumstances which, when viewed objectively, support a mere curiosity, rumor, or hunch in unlawful, even though the officer may be acting in good faith. It is not necessary that the traffic stop be based on a Vehicle Code violation. Traffic stops for erratic or unusual driving, although not Vehicle Code violations, have been routinely upheld.

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Field Sobriety Tests: These tests are optional! They are designed for you to fail!! Most people don't realize that field sobriety tests are completely optional. The police officers who pull you over and give them to you will not tell you this, but they are optional. The State Law allows you the right to refuse to take the Field Sobriety Tests in their entirety. These Field Sobriety Tests are not really tests at all. Instead, they are physical agility exercises that are SUBJECTIVE in nature. In other words, the police officer, who already thinks you are DUI because he is giving you the Field Sobriety Tests, is the one who is determining whether you pass or fail each test. The officer is looking for any and every mistake that you make to give you a 'fail' mark for the specific test. Field Sobriety Tests may include:

  • Walk and Turn
  • Hand Pat Test
  • Alphabet Test
  • Finger to Nose
  • Nystagmus test
  • Standing on one leg
  • Balance Test
  • Preliminary Alcohol Screening Test (PAS)

This is a small portable breath machine that you are asked to blow into at the scene of the traffic stop. This test is also OPTIONAL unless you are under the age of 21 years old.

You are, however, required by law to submit to a chemical test upon arrest. These tests may include your choice of Breath, Blood or Urine analysis. The 'breathalyzer' machine at the police station is quite different from the portable (PAS) test. If you choose to give a breath test, you must submit to testing using the standard size 'breathalyzer' at the police station.

Do you feel that you were unlawfully stopped for driving under the influence or need guidance on what you should do after a DUI arrest? Call our Los Angeles DUI lawyers today at (800) 209-9809 or fill out our online form for a FREE DUI consultation. Our Los Angeles criminal defense attorneys are here to help you.