A retired cop UA-camr suggested if you are certain no alcohol was consumed tell the cop stop wasting my time, I will do the PAS if you agree to let me go when it reads 0.0. Haven't had to try that myself
If you haven't been drinking and take the breathalyzer test and pass, you should be cleared. But if you opt out of the breathalyzer test, take the blood test and have Rx meds in your blood that might impair your driving then you might be in trouble.
Another reason to do a blood test instead of the breath test as some medical conditions can confuse the machine and if your not drunk (and had nothing to drink) those certain conditions will result in a positive hit and you are going to have a harder time fighting the charge in court.
They may tow, or someone can come get your car if you call them. These tips are best for having fighting the case in court and winning later. Thanks for your comment.
Some DUI attorneys advise to refuse the FST's and portable field breath tester, but do not refuse the brethylizer at the station (or the blood test). People think they have nothing to convict you on if you do that If it was that easy to get off, everybody would do that and nobody would ever again get convicted. In some states. the judge can then instruct the jury that your refusal to do the chemical test may be viewed by them as evidence that you believed you were impaired, and use that refusal in their decision. And, refusal of the chemical test in and of itself alone, in most states violates the Implied Consent law and MVD will now automatically revoke your driver lic for a year, and your refusal could result in higher level DUI and penalties. Not saying this applies in your state, just that in some states it is apparently the case.
I had back and eye surgeries so I wanted to know if I can refuse the field tests which I can’t do but I never drink and drive. Since I never drink and would never have alcohol on my breath, should I submit to the PAS test to avoid an arrest?
This is not to be taken as legal advice blah blah- but always refuse the tests. They are designed to be difficult, and the fact that you have had back and eye surgery means you would have more of a chance of failing, even if you are sober. In fact, if you watch the videos of real life FST's on UA-cam you will see part of the procedure is for the officer to ask if you have any problems with your eyes that would preclude you taking the test. The tests are designed to give the officer probable cause to take the encounter to the next step of placing you under arrest. If refuse the test the officer has to be able to provide other reasons for the probable cause for an arrest. Don't make it easy for them. Also, if you HAVE been drinking (just don't please), the extra time to get to the station may work to your advantage to allow more of the alcohol to be processed by your body
Thabk you for this video. Personally, i would REFUSE EVERY TEST they offer if i knewfor a fact i was drinking. My reason is simple; it's WAY cheaper to lose my license for one year than to pay through the nose in court fines, AA classes and auto insurance. Am i wrong?
I had a dui in California 14 years ago and never went to court or jail! know I am going back to California do I have to pay or go to jail? This was 14 years ago ????
What about if I got pulled over for a bad tail light or tail light not working properly ? And getting cited with DUI? Officer admitting they pulled the person over for a bad tail light.
Can I refuse the first test but comply with the breath test to get them off my back if I have 0 alcohol? In my area they do a lot of DUI checks and Kern county department are known to be extremely aggresive.
Seppi, what happens if i changed lane without blinking but driving perfect and got pulled over then they decided i was drunk, can you fight such a case?
Yes, but this is good to know because there are horribly corrupt cops out there and you may be on temporary medication that might dilate your pupils, or any number of other things that could put you in the position of a cop "suspecting" you of DUI.
When someone you love is injured or killed by a drunk driver…. You will regret this video. I pray it doesn’t happen, but DUI is more prevalent than you know.
im balls deep in DUI research and I don't even have one charged against me, LOL, just great to be prepared, thanks Seppi for the info
You're welcome!
Wait! An Attorney that is clear, concise, to the point, without any oversized and empty words, you got my thumbs up.
A retired cop UA-camr suggested if you are certain no alcohol was consumed tell the cop stop wasting my time, I will do the PAS if you agree to let me go when it reads 0.0.
Haven't had to try that myself
Interesting, glad I not some fn drunk so I don't have to worry about this 🤣
If you haven't been drinking and take the breathalyzer test and pass, you should be cleared. But if you opt out of the breathalyzer test, take the blood test and have Rx meds in your blood that might impair your driving then you might be in trouble.
I’ve seen video that they can get the test on the spot are 12 bro lol
Another reason to do a blood test instead of the breath test as some medical conditions can confuse the machine and if your not drunk (and had nothing to drink) those certain conditions will result in a positive hit and you are going to have a harder time fighting the charge in court.
You seem to assume that I have been drinking?
Does the PAS test ever reveal a false positive?
When doing a blood test, can they only test for alcohol or can it be a list of substances?
drugs too
You forgot to say after they arrest you there gonna TOW your car and in might get fu ked up because you didnt do what they wanted.
They may tow, or someone can come get your car if you call them. These tips are best for having fighting the case in court and winning later. Thanks for your comment.
Man, I wish i saw this earlier Seppi, i frikin hired some idiot attorney from LA and he messed me up worse then i was, you seem to know your @hit man!
This is all fine and good for someone who has ingested alcohol but what about someone who took a valium two days ago? Or someone on heart medication?
You can find more info in our blog: esfandilawfirm.com/dui-prescription-medication-california/
This is a great video, thank you.
Do Your recommendation stand even if I know I'm completely sober?
To bad you don't practice in Oregon
There isn't a percentage, as each case is different.
thanks, wish I knew this 20 months ago !
It's never late
Some DUI attorneys advise to refuse the FST's and portable field breath tester, but do not refuse the brethylizer at the station (or the blood test). People think they have nothing to convict you on if you do that If it was that easy to get off, everybody would do that and nobody would ever again get convicted. In some states. the judge can then instruct the jury that your refusal to do the chemical test may be viewed by them as evidence that you believed you were impaired, and use that refusal in their decision. And, refusal of the chemical test in and of itself alone, in most states violates the Implied Consent law and MVD will now automatically revoke your driver lic for a year, and your refusal could result in higher level DUI and penalties. Not saying this applies in your state, just that in some states it is apparently the case.
If the police officer asks whether the home address on your driver's license is current, do you legally have to answer that question (in California)?
No
Yes, 3 questions that you always need to answer.
YOU FULL NAME
YOUR DATE OF BIRTH
YOUR CURRENT HOME ADDRESS
Other than that, please remain silent
Negative. You gave your license already. Because if you moved from a different state & you didn’t change your address within 30 days that’s a ticket.
I had back and eye surgeries so I wanted to know if I can refuse the field tests which I can’t do but I never drink and drive.
Since I never drink and would never have alcohol on my breath, should I submit to the PAS test to avoid an arrest?
if you know you'll pass the test, take it I think. If you drank, then don't.
This is not to be taken as legal advice blah blah- but always refuse the tests. They are designed to be difficult, and the fact that you have had back and eye surgery means you would have more of a chance of failing, even if you are sober. In fact, if you watch the videos of real life FST's on UA-cam you will see part of the procedure is for the officer to ask if you have any problems with your eyes that would preclude you taking the test.
The tests are designed to give the officer probable cause to take the encounter to the next step of placing you under arrest. If refuse the test the officer has to be able to provide other reasons for the probable cause for an arrest. Don't make it easy for them. Also, if you HAVE been drinking (just don't please), the extra time to get to the station may work to your advantage to allow more of the alcohol to be processed by your body
Thank you
Great info, thanx for sharing!
He seems like a good guy, also cute! Lawyer, cute, nice, hmmmm yah ok Seppi is the man!
is it the same answers if you have not had alcohol in many years?
Thabk you for this video. Personally, i would REFUSE EVERY TEST they offer if i knewfor a fact i was drinking. My reason is simple; it's WAY cheaper to lose my license for one year than to pay through the nose in court fines, AA classes and auto insurance. Am i wrong?
It all depends on the situation + the amount and length of a daily commute you are dealing with due to work, school, etc.
This is so unconstitutional
I had a dui in California 14 years ago and never went to court or jail! know I am going back to California do I have to pay or go to jail? This was 14 years ago ????
You can check if there are any warrants issued under your name. If no results come up, it's possible that no case has been filed by the city attorney.
What about if I got pulled over for a bad tail light or tail light not working properly ? And getting cited with DUI? Officer admitting they pulled the person over for a bad tail light.
Probable cause is needed for a stop. You may call us to discuss your case in detail.
Can I refuse the first test but comply with the breath test to get them off my back if I have 0 alcohol? In my area they do a lot of DUI checks and Kern county department are known to be extremely aggresive.
If you have 0 alcohol they will not even test you. This video is for people dunk or buzzed driving bud
Seppi, what happens if i changed lane without blinking but driving perfect and got pulled over then they decided i was drunk, can you fight such a case?
Yes call us please.
Why would you refuse a blood or breath test at the station/hospital? Aren't there unavoidable consequences with that?
Either that or blood test, you can fight the case in these instances.
Question: What is your average, or minimal cost, of defending a DUI client?
Call us, it depends on the case. We have payment plans too.
Here's a better idea. If you know that you are going to be driving, don't drink any alcohol, none.
the best idea, yes.
Yes, but this is good to know because there are horribly corrupt cops out there and you may be on temporary medication that might dilate your pupils, or any number of other things that could put you in the position of a cop "suspecting" you of DUI.
Good common sense. However, the advice in this video is applicable even if you haven't been drinking, and you get pulled over at a DUI checkpoint.
Lol I thought he said dont be "chaddy" lol
that's simply not an option for me
When someone you love is injured or killed by a drunk driver…. You will regret this video. I pray it doesn’t happen, but DUI is more prevalent than you know.
What if you’re certain you’re under the limit (1 drink) or even had nothing to drink?