Your Rights During a DUI Stop or Arrest in California
Being pulled over by the police is stressful under any circumstance, but it can be especially nerve-wracking if you’ve had a drink or two and are worried about a DUI arrest. It’s important to remember that you have rights—rights that protect you from overreach by law enforcement and help ensure fair treatment under California law. Knowing what these rights are and how to assert them respectfully during a DUI stop can make a major difference in the outcome of your case.
At the Law Office of Paul Tyler, we help drivers throughout Ventura County who have been accused of DUI and other criminal offenses. Below, we’ll walk you through what to expect during a DUI stop and arrest in California—and more importantly, what your rights are every step of the way. If you’ve been arrested for DUI in Ventura County, contact the Law Office of Paul Tyler to speak with a skilled and experienced Oxnard DUI defense lawyer.
You Have the Right to Remain Silent
One of the most fundamental rights you have during a DUI stop is the right to remain silent. While you are required to provide your name, driver’s license, registration, and proof of insurance, you are not obligated to answer questions about where you’ve been, whether you’ve been drinking, or how much alcohol you’ve consumed. Anything you say to law enforcement can and likely will be used against you in court. Officers may seem friendly or conversational, but their job is to gather evidence—potentially against you.
If you are asked questions that go beyond basic identification, you can politely decline to answer. A simple statement like, “I choose to remain silent and would like to speak with an attorney,” is enough to assert your right.
You Have the Right to Refuse Field Sobriety Tests
In California, you are not legally required to perform field sobriety tests (FSTs), such as walking in a straight line or following a pen with your eyes. These tests are subjective and often used to build probable cause for an arrest. Politely declining to perform these tests cannot be used against you as proof of intoxication.
However, many drivers don’t realize this distinction and assume that refusing a field sobriety test is an automatic admission of guilt. It’s not. You are within your rights to say no, and doing so may protect you from the subjective interpretation of test results that could work against you in court.
Chemical Testing: Breath, Blood, and the Law
California has an “implied consent” law, which means that by driving on public roads, you’ve already agreed to take a chemical test if lawfully arrested for DUI. This typically involves a breath test with a breathalyzer or sometimes a blood test. Refusing to take a chemical test after you are placed under arrest can result in automatic license suspension and additional penalties—even if you’re ultimately not convicted of DUI.
That said, you are not required to take a pre-arrest handheld breath test (commonly called a Preliminary Alcohol Screening or PAS test) unless you are under 21 or currently on DUI probation. For most adult drivers, politely declining the PAS test is within your rights and may be advisable in certain circumstances.
You Have the Right to Be Free from Unlawful Searches and Seizures
The Fourth Amendment protects you from unreasonable searches and seizures. During a DUI stop, an officer cannot search your vehicle without your consent, a warrant, or probable cause. For example, if the officer sees an open container of alcohol in plain view, that may give them the legal justification to search your car. But without such cause, you can refuse a search.
You also have the right to challenge the legality of the traffic stop itself. If the officer did not have a valid reason—such as a traffic violation or observed erratic driving—your attorney may be able to argue that any evidence obtained during the stop should be suppressed. The time to argue this point comes later with the help of a lawyer. Being argumentative during the stop could make matters worse or lead to additional charges like obstruction or resisting arrest.
You Have the Right to an Attorney
If you are arrested, you have the right to speak to an attorney before answering questions or appearing in court. Exercising this right can help you avoid self-incrimination and ensure that your rights are protected from the start.
If you request an attorney and the police continue to question you, they are violating your rights. Do not waive this protection. Contact an experienced DUI defense attorney as soon as possible to begin building your defense.
What Happens After the Arrest?
After a DUI arrest in California, you will likely be taken to a police station or jail, where you may be held until you can post bail or are released on your own recognizance. You will also face an automatic administrative license suspension through the California DMV unless you request a hearing within 10 days of your arrest.
At this stage, the guidance of a knowledgeable defense attorney is critical. A skilled lawyer can represent you at the DMV hearing, challenge the evidence against you in court, and work to get the charges reduced or dismissed entirely.
Call the Law Office of Paul Tyler for Skilled DUI Defense in Oxnard and Ventura County
If you’ve been stopped or arrested for DUI in Oxnard or anywhere in Ventura County, don’t face the system alone. The consequences of a DUI conviction can include fines, license suspension, mandatory DUI classes, and even jail time—not to mention lasting impacts on your reputation and employment opportunities.
Attorney Paul Tyler is an experienced Oxnard criminal defense lawyer who understands the complex details of DUI cases and knows how to fight for your rights. He offers personal attention, strategic defense, and a deep understanding of California DUI laws. Contact the Law Office of Paul Tyler today and take the first step toward protecting your freedom and your future.
