At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at OR Call us at: (415) 523-7878

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Replying To Questions From Police In California

It is best to respectfully decline to answer their questions. You don’t want to take any chemical tests before you’re arrested. You don’t want to take any field sobriety tests, because all of that is used against you. This is especially true if the officers are not recording the tests, so we cannot get a copy of the recording, either audio or video. Then, the police can say that you told them whatever they wanted to put down on their report.

Most officers will put down what you say, but a lot of times, we see extra things in there or things that you didn’t say. It’s just they don’t have the perfect memories, they’re not writing everything down, and sometimes, you may say something and it may be taken the wrong way; it may imply something else.

The best thing to say is, “I respectfully decline to answer that question. My lawyer has advised me to not answer any questions at any time.” Again, don’t talk to them about the facts of the case and don’t perform any field sobriety tests.

You Are Required to Undergo Chemical Tests After You Are Arrested

If you are arrested for a DUI, then you are required to do a breath or a blood test. At that point, you cannot decline a test. You can, but if you do, you’re subject to having your license taken away for a minimum of 1 year of no driving, and they can still, and often do, and more and more counties are doing this, doing a forced blood draw. You could get arrested and you could have to do a forced blood draw, and they could have a result. That would help them try and convict you on a DUI.

By Aaron Bortel

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Aaron Bortel
With 30 years of specialized experience in DUI defense, Attorney Aaron Bortel is a dedicated advocate for those facing DUI charges in the Bay Area. Committed to helping clients avoid jail, save their driver’s licenses and jobs, and prevent permanent criminal records, he combines deep legal expertise with genuine care for his client's welfare. Trust in a lawyer who not only defends but truly supports you through challenging times.

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