San Jose DUI Arrest
What are the police allowed to do on a DUI Stop?
San Jose police have the right to stop you for if they are suspicious of DUI. However, knowing what they can or cannot do is important for the outcome of your DUI stop or arrest in San Jose, California.
San Jose DUI Stop
Your Rights:
• The police have the right to stop you if you were driving erratically such
as crossing lanes of traffic, running a red light, damaging another vehicle,
or creating a dangerous pedestrian situation. These are common drunk
driving behaviors that the police are trained to look for at San Jose DUI
stops.
• The police have to inform you of your Miranda rights.
• The police can ask you questions such as your name and address.
They can also ask for your driver’s license, registration, and insurance
information.
• The police may search for any prior DUI offenses you may have.
• The police will try to ask you questions such as;
- “Do you know how fast you were driving,”
- “Were you drinking,”
- “Didn’t you see that light,”
- "Have you been arrested for drunk driving before,"
- “Didn’t you see our lights behind your car.”
You don’t have to answer these questions.
You should ask to speak to a San Jose DUI defense attorney.
• The police can confiscate your driver’s license, and file a Notice of Suspension
with the Department of Motor Vehicles. You or your San Jose DUI lawyer
has ten days from the date of that Suspension to appeal it.
• The police will ask you to take an assortment of field sobriety tests such
as standing on one leg, or saying the alphabet. This is to test your
coordination and balance. You can respectfully say no to these tests.
• The police may ask you to do a breath test, or a chemical test showing
the amount of your blood alcohol level. You should cooperate with this
and ask to call your DUI attorney.
• The police must allow you to call an attorney. Call an attorney that has
successfully defended DUI cases in San Jose.
• The police may set up sobriety checkpoints a few times a year in San Jose.
DUI Arrest in San Jose
If you are faced with a DUI stop - Don't Try to Run Away.
The Law Office of Valencia, Ippolito & Bowman will protect your rights, if you have been stopped charged as a San Jose DUI offender. We will try to mitigate your punishment or have your DUI charges dismissed. Call us now at 877-7NO-JAIL, or fill out our contact form with any questions about your case.
For more information; please visit our San Jose Drunk Driving Laws & DUI Laws in San Jose page.
DUI / Drunking Driving F.A.Q.:
How to build an effective DUI defense?
What are the punishments & penalties for a DUI charge?
What are police allowed to do on a DUI stop?
San Jose Drunk Driving Accident - Penalties
