THE POLICE ENCOUNTER

The best way to avoid a DUI is to not drink and drive even if you've had a small amount of alcohol and you are not impaired. If you smell like alcohol your chances of being arrested when you are pulled over are very high. Being arrested however for A DUI does not automatically result in a conviction or loss of your driver's license in California. Here are some things that you should know.

WHAT ARE THE POLICE LOOKING FOR IN YOUR DRIVING?
Lane straddling, wide turning radius, weaving, swerving, drifting, almost striking object or vehicle, driving on other than designated highway, speeding or below the limit, stopping without cause in traffic lane, following too closely, braking erratically, signaling inconsistent with driving actions, slow response to traffic signals, accelerating or decelerating rapidly, headlights not being used.
YOU ARE NOW PULLED OVER AND DETAINED: WHAT ARE THE SYMPTOMS OF INTOXICATION THE POLICE ARE LOOKING FOR?

• Odor of alcohol on breath
• Flushed face
• Red, watery, glassy and/or bloodshot eyes
• Slurred speech
• Fumbling with wallet trying to get license
• Failure to comprehend the officer's questions
• Combative, argumentative, jovial or other "inappropriate" attitude
• Staggering when exiting vehicle
• Swaying/instability on feet
• Leaning on car for support
• Combative, argumentative, jovial or other "inappropriate" attitude
• Soiled, rumpled, disorderly clothing
• Stumbling while walking
• Disorientation as to time and place
• Inability to follow directions

You are not required to answer potentially incriminating questions. Politely refuse to answer any questions regarding the investigation without an attorney present.

Let the officer know that you are aware that Field Sobriety Tests( FSTs) are completely voluntary. Do not agree to perform any of theses tests. If you perform them, you may be arrested anyway. This is not an objective test and the officer will use the results against you in court. Politely refuse to do the field sobriety exercises.
Although officers use a wide range of FSTs, there are only three federally-approved (National Highway Traffic Safety Administration) "standardized" field sobriety tests. These consist of a battery of three tests:

• Heel-to-Toe (also referred to as "walk-and-turn")
• One-Leg Stand
• Horizontal Gaze Nystagmus - The HGN test, a relatively recent development in DUI investigation. The officer attempts to estimate the angle at which the eye begins to jerk ("nystagmus" is medical term for a distinctive eye oscillation); if this occurs sooner than 45 degrees, it theoretically indicates a blood-alcohol concentration over .05%. The smoothness of the eye's tracking the penlight (or finger or pencil) is also a factor, as is the type of jerking when the eye is as far to the side as it can go. This test is not accepted by the medical community however, it continues to be widely used by law enforcement.

Pre-Arrest - Preliminary Alcohol Screening - If you are older than 21, refuse to take a pre-arrest preliminary alcohol screening test. This is a portable on scene breath analyzer. This test is completely voluntary and you have the absolute right to refuse this type of breath test. Ask to go to the station for the real breath test.
Under the “implied consent law” you have a legal obligation to take a chemical test this is a breath or blood test and you have a choice. If you choose breath, many jurisdictions permit you to have a second test of blood; this is because a breath sample is not saved and so cannot later be re-analyzed by your defense lawyer. A blood sample will be taken if requested after a breath test is given.
Analysis of a blood sample is potentially the most accurate. Breath machines are susceptible to a number of problems rendering them often unreliable. I f you are confident that you are sober, a blood sample is the wise choice; Breath being least accurate and most easily impeached, is the best option if you believe your blood-alcohol concentration is above the legal limit.
Do not refuse the chemical test. The consequences of refusing to submit to a blood or breath test are severe: They include license suspension, jail time, and the fact of refusal may be introduced into evidence as "consciousness of guilt".
Some police officers record or video tape the arrest, testing and/or booking process. Always be on your best behavior. Be polite and respectful to the police officers this will go along way in your defense and your release from custody.