Santa Barbara DUI Attorney

Santa Barbara DUI Attorney
Santa Barbara DUI Lawyer
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DUI Rights

Your Rights Against a California DUI

If it has been 10 hours or less since you have had any alcohol and are being pulled over by law enforcement while driving a vehicle, the following rights could save you from a DUI conviction:

You have the right to remain silent. This includes answering questions such as: “How much have you had to drink?", "When was the last time you drank any alcohol?" or "Do you feel the effects of the alcohol?”

You have the right to be calm, cooperative and respectful to the officer. It may make a difference on how the officer handles the situation.

You have the right to be prepared to present the following documents: (i) valid driver's license, (ii) valid registration for the vehicle you are driving; and (iii) valid proof of insurance. Have these documents readily accessible and promptly present them to the officer when requested. If you are fumbling in your car for them, he may fill his police report with unnecessary language about your mannerisms.

You have the right to NOT subject yourself to field sobriety tests.

You have the right to NOT blow into a HANDHELD breath device. If you are 21 or older and not on DUI probation, it is legal to decline the field sobriety tests, even if you have been drinking and driving.

You have the right to a blood test and not a breath test, if arrested.

You have the right to NOT submit to a second sample (blood or breath) once you have given an initial sample. The officer must advise you of your option to submit to a second sample. Politely decline.

You have the right to have and use breath mints while driving your car. The odor of alcohol is one of the first things that an officer will notice when he approaches your vehicle. Although there may not be an association between the level of intoxication and strength of the odor of alcohol, the smell of alcohol will be noticed.

You have the right to be represented by a qualified DUI defense attorney, such as Darryl Genis. He handles all his cases and court appearances personally. He is a National Highway Traffic Safety Administration Qualified Instructor in the Standardized Field Sobriety Test, and has successfully completed training on the Draeger 7110 MK IIIC and 7410 EPAS instruments. In addition, he is certified in the operation and calibration of the AlcoSensor IV Preliminary Breath Testing Device, by the P.O.S.T. Academy

You have the right to contact Darryl Genis anytime at (805) 680-2728 or feedback@santabarbaradui.com, if arrested for DUI.

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This is an advertisement. The material and information contained on these pages and on any pages linked from these pages are intended to provide general information only and not legal advice. You should consult with a lawyer licensed to practice in your jurisdiction before relying upon any of the information presented here. You are advised that the act of sending e-mail to or downloading information from this website does not create an attorney-client relationship. While we greatly appreciate general comments and feedback concerning our website, we cannot guarantee a response to unsolicited e-mail. Electronic mail on the internet is not secure and you should avoid including sensitive, confidential or damaging information in unencrypted messages. We strongly encourage those who are seeking criminal defense representation to contact us by telephone so that we may direct you to an attorney who can assist you. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.

Santa Barbara DUI Lawyer
"A DUI should not ruin your life. My knowledge of the law can win your case. Nobody will fight harder for you."


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