DUI based on driving behavior
Question: Can I get a DUI based on driving behavior? I was pulled over for DUI in San Fernando, CA the other day and the officer said I was swerving. I do not think that I was swerving or drunk for that matter, but the officer said he didn’t like my attitude because I was questioning why I was being asked to do all those field tests.
The officer went on to say that he didn’t like my attitude and was arresting me for DUI. When I questioned him about this more and said I wasn’t drunk, he said then I should have done the tests and I wouldn’t have been arrested. I want to know if me asking questions to the officer is a reason to arrest me for driving under the influence. Thanks.
Answer: It is possible to get pulled over for DUI based on poor driving (generally, that’s how it occurs). And poor driving can be used as a factor against you in the case. On the flip side, lack of poor driving can be helpful in defending a DUI case. If there is just weaving within a lane, it may be possible to get the charges dismissed by way of a motion and hearing prior to trial as that on it’s own should not give rise to probable cause to pull you over.
In regards to attitude, while it is generally advisable to be respectful to an officer when be questioned, if you are over 21 years old and not on probation, you are not obligated to answering the officer’s questions or doing the field sobriety tests. The only requirement by law is that you submit to a breath or blood test after arrest, and failing to do so could lead to additional penalties such as a much longer driver license suspension without the option of getting a restricted license if convicted of a refusal or if you lose that issue at the DMV.
You may potentially have a good case to defend. I would need to know more details to better assess. Feel free to call me at 818-336-1 DUI to discuss further.
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