What to do if you’ve been pulled over for drunk driving:
If you’ve been pulled over for drunk driving and are being questioned by the police, immediately invoke your right to remain silent.
"I want to exercise my right to remain silent and consult with my attorney, without exception."
"I do not want to talk about giving up my rights until I have consulted my attorney."
"I want to call my attorney."
You are not permitted to CONSULT prior to a DUI blood or breath test, but REMAIN SILENT.
"I do not consent to a search of any kind, any tests, any lineups or any other identification procedures."
You MUST give a blood or breath sample as requested, but are NOT required to submit to physical field sobriety tests.
"I do NOT want to waive any of my Constitutional rights."
In DUI investigation, if given a choice, ALWAYS CHOOSE BREATH TESTS rather than blood. If you are denied a choice, COOPERATE with the blood draw, but make known to the phlebotomist that YOU WANTED A BREATH TEST.
Under a recent Supreme Court ruling in Missouri v. McNeely, a warrant is required prior to a blood draw as it is a “search” protected by the 4th Amendment of the U.S. Constitution.
At your first available opportunity, call an experienced DUI defense attorney.
The best DUI defense incorporates all the facts of your case.
If you have been charged with DUI, there are many different defense strategies that can strengthen your case.
As your DUI defense attorney, ‘Bo’ Pollard will examine whether or not there was probable cause to pull you over in the first place. If you were subjected to an unlawful police stop, a time-tested DUI defense can help protect your rights. In building a case for your defense, Nevada and California DUI lawyer ‘Bo’ Pollard will challenge the legality of the procedures used in administering any blood or breath tests, as well as field sobriety tests given to you prior to your arrest.
A strong DUI defense attorney can challenge the validity of these tests in a variety of ways: by showing the test was incorrectly administered; uncovering that an unqualified individual conducted the test; proving a lack of maintenance or substandard calibration of the equipment used; identifying the mishandling of samples; or any evidence of the precise protocol not being followed that could lead to the possibility of flawed results.
Nevada DUI defense attorney ‘Bo’ Pollard will work diligently to convince the judge that the Prosecution’s evidence against you is not infallible and will move to have it suppressed in court.