Get out of the car – the ontinuing San Francisco DUI stop

"I've been asked to get out of the car - do I have to?"  Yes, or you will likely be arrested.  If the officer pats you down, do not physically resist.  At this point, the officer has most likely determined you are under the influence.

The officer may then ask to search your vehicle.  You have the legal right to refuse the search if you choose.  The officer can not arrest you simply for refusing to consent to a search of your vehicle.  If the officer has probable cause to believe you have committed a crime, your car can be searched without your permission or a warrant.  However, if the officer improperly searches your vehicle, and finds evidence in the car, it can be excluded at trial.

Now that you are out of the car, the next phase in all likelihood are the field sobriety tests.  What happens next?  Stay tuned.

Get out of the car – the ontinuing San Francisco DUI stop

"I've been asked to get out of the car - do I have to?"  Yes, or you will likely be arrested.  If the officer pats you down, do not physically resist.  At this point, the officer has most likely determined you are under the influence.

The officer may then ask to search your vehicle.  You have the legal right to refuse the search if you choose.  The officer can not arrest you simply for refusing to consent to a search of your vehicle.  If the officer has probable cause to believe you have committed a crime, your car can be searched without your permission or a warrant.  However, if the officer improperly searches your vehicle, and finds evidence in the car, it can be excluded at trial.

Now that you are out of the car, the next phase in all likelihood are the field sobriety tests.  What happens next?  Stay tuned.

I’ve been pulled over, what can I do?

Once you've been stopped by the San Francisco police or California Highway Patrol, what do you do now?

The first thing the officer will do is ask you to show your drivers livence, registration and proof of insurance.  You can refuse to give that information, but it is legal for the officer to search your vehicle in any location within the passenger compartment where he or she believes that a drivers license or vehicle registration may be located. 

The officer during this time is observing you for "traditional" indicators of intoxication, such as an odor of alcohol, bloodshot or watery eyes, slurred speech, flushed face, or you fumbling to find your vehicle information.  Keeping your information easily accessible will help avoid the latter observation.

You then will be asked if you have consumed alcohol.  You can refuse to answer, however, your refusal to answer is not sufficient evidence to arrest you.  No matter how you answer, the officer at this point suspects you were driving under the influence. 

He then asks you to exit your vehicle.  What do you do next.  Stay tuned . . .

I’ve been pulled over, what can I do?

Once you've been stopped by the San Francisco police or California Highway Patrol, what do you do now?

The first thing the officer will do is ask you to show your drivers livence, registration and proof of insurance.  You can refuse to give that information, but it is legal for the officer to search your vehicle in any location within the passenger compartment where he or she believes that a drivers license or vehicle registration may be located. 

The officer during this time is observing you for "traditional" indicators of intoxication, such as an odor of alcohol, bloodshot or watery eyes, slurred speech, flushed face, or you fumbling to find your vehicle information.  Keeping your information easily accessible will help avoid the latter observation.

You then will be asked if you have consumed alcohol.  You can refuse to answer, however, your refusal to answer is not sufficient evidence to arrest you.  No matter how you answer, the officer at this point suspects you were driving under the influence. 

He then asks you to exit your vehicle.  What do you do next.  Stay tuned . . .

Why did the San Francisco police stop me?

A question that runs through your mind as the siren and lights are in your rear view mirror.  Why is a San Francisco police officer stopping me?  An officer needs probable cause to pull you over, or in layman's terms, a reason to believe you have committed a crime.

The most common reasons are as follows:

1. Driving on or over the lane divider
2. Drifting into the other lane
3. Making a wide turn
4. Making an illegal turn
5. Weaving
6. Braking frequently
7. Nearly missing an object in the road, or another vehicle
8. Driving very slowly, below the speed limit
9. Swerving
10. Driving at night with your headlights off
11. Not making a turn signal, or having your turn signal on inappropriately
12. Stopping in the middle of the road
13. Accelerating or deaccelerating too fast
14. Following another vehicle too closely
15. Speeding

And the list is endless.  Which is why is is important to be careful driving, especially at night, if you have been drinking, and to not drive at all if you really have had too much to drink.  A reason for a San Francisco police officer to stop you can be a small infraction, but the consequences can be expensive.

Why did the San Francisco police stop me?

A question that runs through your mind as the siren and lights are in your rear view mirror.  Why is a San Francisco police officer stopping me?  An officer needs probable cause to pull you over, or in layman's terms, a reason to believe you have committed a crime.

The most common reasons are as follows:

1. Driving on or over the lane divider


2. Drifting into the other lane


3. Making a wide turn


4. Making an illegal turn


5. Weaving


6. Braking frequently


7. Nearly missing an object in the road, or another vehicle


8. Driving very slowly, below the speed limit


9. Swerving


10. Driving at night with your headlights off


11. Not making a turn signal, or having your turn signal on inappropriately


12. Stopping in the middle of the road


13. Accelerating or deaccelerating too fast


14. Following another vehicle too closely


15. Speeding

And the list is endless.  Which is why is is important to be careful driving, especially at night, if you have been drinking, and to not drive at all if you really have had too much to drink.  A reason for a San Francisco police officer to stop you can be a small infraction, but the consequences can be expensive.

San Francisco sobriety, Milwaukee not so much

A National Survey on Drug Use and Health did a report on drunk driving in the U.S., and found that the highest number of offenders lived in the Upper Midwest.  The report s based on a scientific random sample of 127,283 adults in 2004, 2005 and 2006.

Nationally, fifteen percent of adults admit driving under the influence of alcohol in the previous year.  In Wisconsin, the percentage is 26.4 percent, and Minnesota, Nebraska, North and South Dakota follow close behind.  The South and Utah have the lowest percentage, 11 percent and under. 

Possible reasons for the disparity include religion, as well as a heavy emphasis on drinking in social activities.  The report indicated that states need to review their approach to alcohol and driving, even Utah, where 10 perent of the adults in the survey admit to driving under the influence.

A side note:  California was below the average, but not by much, in a range of between 13 and 15 percent.  The National Report indicated that their report supports other previous studies showing a heavier than average drunk driving rate in the Upper Midwest.

San Francisco sobriety, Milwaukee not so much

A National Survey on Drug Use and Health did a report on drunk driving in the U.S., and found that the highest number of offenders lived in the Upper Midwest.  The report s based on a scientific random sample of 127,283 adults in 2004, 2005 and 2006.

Nationally, fifteen percent of adults admit driving under the influence of alcohol in the previous year.  In Wisconsin, the percentage is 26.4 percent, and Minnesota, Nebraska, North and South Dakota follow close behind.  The South and Utah have the lowest percentage, 11 percent and under. 

Possible reasons for the disparity include religion, as well as a heavy emphasis on drinking in social activities.  The report indicated that states need to review their approach to alcohol and driving, even Utah, where 10 perent of the adults in the survey admit to driving under the influence.

A side note:  California was below the average, but not by much, in a range of between 13 and 15 percent.  The National Report indicated that their report supports other previous studies showing a heavier than average drunk driving rate in the Upper Midwest.

Avoiding a stop in San Francisco

You've been drinking.  You're ready to go home.  How does one avoid getting stopped by law enforcement in the first place?  A San Francisco primer.

Three things to remember.  First of all, know your car.  If you are uncomfortable or unfamiliar with the car you are driving, your chances of driving erratically or making mistakes increase.  Take a moment before you go out, and make sure you know where all the devices are in the car, get your seat and positioning set, and get an overall feel for the car.  Taking a few seconds to do this will save money in the long run if you are stopped later on.

Know where you are going.  Many of my DUI clients get stopped because they got lost, and made a wrong turn.  At 3 a.m. in the morning.  Before you start driving, know where you are going, and how to get back home.  Getting lost will lead to errors in your driving, and getting stopped by law enforcement.

Finally, avoid sobriety checkpoints.  While law enforcement is legally required to notify the public of where and when checkpoints will be, you may not have gotten the memo.  Check the newspaper or website before you go out.

San Francisco is a beautiful city, and its nightlife is varied.  Taking these precautions will make your night excursion safe, and hassle free.

Avoiding a stop in San Francisco

You've been drinking.  You're ready to go home.  How does one avoid getting stopped by law enforcement in the first place?  A San Francisco primer.

Three things to remember.  First of all, know your car.  If you are uncomfortable or unfamiliar with the car you are driving, your chances of driving erratically or making mistakes increase.  Take a moment before you go out, and make sure you know where all the devices are in the car, get your seat and positioning set, and get an overall feel for the car.  Taking a few seconds to do this will save money in the long run if you are stopped later on.

Know where you are going.  Many of my DUI clients get stopped because they got lost, and made a wrong turn.  At 3 a.m. in the morning.  Before you start driving, know where you are going, and how to get back home.  Getting lost will lead to errors in your driving, and getting stopped by law enforcement.

Finally, avoid sobriety checkpoints.  While law enforcement is legally required to notify the public of where and when checkpoints will be, you may not have gotten the memo.  Check the newspaper or website before you go out.

San Francisco is a beautiful city, and its nightlife is varied.  Taking these precautions will make your night excursion safe, and hassle free.

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