Drinking and the Holidays
We at the Law Offices of Bowman & Associates wish you a happy and safe holiday. We know that this is a time when there are a lot of Holiday parties and sometimes those parties involve drinking. Please be extra careful during these times to avoid driving after you have had any more than one drink. One drink would probably be safe for anyone and you would most likely not have enough alcohol in your system to reach the legal limit for intoxication. However, you should not drive after drinking any more than that. Be aware that the CHP often have increased DUI checkpoints during this time and they can stop you without any cause at all.
In case you are stopped make sure that you have your proof of insurance and registration handy. Often the best way to handle a detention is to be extremely polite and helpful with the police officers. Do not do anything to question their authority. Take an alcohol test if requested to do so. Refusal to take a test can have disastrous effects on your license. When asked questions by the police officers, be as accurate as possible. To tell them that you have had two drinks is a sure sign to them that you are hiding something – everybody says this no matter the level of their intoxication. If you do not tell the truth and your case goes to a trial, it will not look good if you change your testimony at trial.
However, be aware that you have no duty to allow the police to search your car. Law enforcement’s preferred way to make a search is to get permission from the owner. You have no duty to give permission and if you have any doubt, you should refuse permission. If you refuse permission the police will have to get a search warrant to search your car or risk having anything they find thrown out in court. However, you must allow the police to search your person if they have detained you.
If you are arrested for DUI, remember that you have only 10 days to request a hearing before the DMV as to whether your license will be suspended. I always advise my clients to request a hearing even if they believe they are guilty. There may be some procedure that the police failed to follow that an attorney can uncover. Also, you may end up being below the legal limit.
If you have any questions about these rights, do not hesitate to call me. If you pick up a case I would be happy to talk to you at no cost.
