5 DUI Tricks California Cops Use (Even If You’re Sober) – And How to Protect Yourself
If you enjoy a good night out, you need to know how a simple traffic stop can spiral into a DUI arrest—even if you are sober. The truth is, cops are trained to use your own words against you, and one wrong answer could cost you your license, your money, or even your freedom.
I’m Nana Knight, former prosecutor and criminal law specialist, and today I’m revealing five sneaky tactics police use to arrest you for DUI in California—and how you can legally protect yourself.
Number 1: The Casual Question Trick. We all know that during a traffic stop, police will be asking us questions, but one of the most effective trick questions cops use is the “casual” question – “where are you coming from? How much have you had to drink tonight? Are you feeling okay?
Sounds harmless, right? But these questions are actually designed to get you talking so they can observe your speech, demeanor and responses. And the more you talk, the more evidence you could be giving to the officer to use against you for DUI. While you may be tempted to answer these questions or chat up the officer, remember that the officer is not your friend: he is there to investigate you [that’s why he pulled you over] and is observing and documenting everything, from your driving behavior to your reactions and your statements during this interaction to document impairment.
Also, if you start talking, you may get nervous and may volunteer too much information, and the officer may think that you are nervous because you are intoxicated. Just know that the officer will note this observation in their police report.
The key thing to remember is that you are not required and you have no lawful obligation to answer their questions – YOU HAVE A RIGHT TO REFUSE TO ANSWER THEIR QUESTIONS. If asked, politely hand over your license, registration and proof of insurance. If the officer asks you questions, it’s okay to say, “Officer, I am not comfortable answering questions without an attorney.” You can also ask, “Officer, am I free to go?”
THE KEY HERE if you want to do this right, is in your interactions, always remain polite, and respectful and always comply with the request to hand over documents -over your license, registration and proof of insurance.
Number 2: The Drink Question Trick.
During the DUI stop, the officer will ask you: have you had anything to drink tonight? Sounds simple, right? But no matter how you answer, this question can work against you. If you say yes, even if you ‘ve only had one drink hours ago, the officer now has your admission that you drank. They will probe further.
“What did you drink?”
“How much did you have?”
“When was your last drink?”
Every answer helps them build a case against you and also build a timeline.
If you say, “no,” the officer may still suspect you are impaired based on your behavior, odor of alcohol or appearance.
If you downplay it, saying something like “just a beer” or a couple of beers; I’m fine” this may seem innocent, but you’ve now admitted to consuming alcohol, giving the officer a stronger reason to investigate further, and to test your blood alcohol concentration. Once you tell the officer how many drinks you’ve had, or when you had the drink, you are also giving the officer a timeline: the officer may now assume that you were more drunk when you started driving than you are now.
So, what is the best response? The safest response is: “I’m not comfortable answering any questions without my attorney present.” This response is polite, yet firm, and it protects your rights without sounding aggressive. It also prevents you from giving the officer more information that you legally have to.
Number 3. The Field Sobriety Test Trick:
One of the most misunderstood and easiest to fall- tricks police use during DUI stops is the FST. Even sober people can struggle with these tests and the officers know it.
During the DUI stop, the officer may say something like: “alright, let’s just do a few quick tests to make sure you’re good to go” or “this is just to show me you’re okay to drive.”
Sounds simple, right? But here’s the truth.
FSTs are voluntary in California if you are over 21 or older and if you are not on DUI probation. The officer may make it sound like these tests are mandatory, but they are not. Their real purpose is to gather evidence against you.
Let’s look at the 3 main fields sobriety tests: These include the standing-on-one-leg test, the follow-my-finger test, and the walk-and-turn test, among others.
These tests are designed to challenge your coordination, balance and focus. But these conditions may not be fair.
Even if you haven’t had a single drink and you are completely sober, there are plenty of reasons you might fail:
You may be nervous: most people feel anxious during police encounters.
The road surface may be uneven: the cracks, gravel, slopes can make it hard to balance.
Your shoes: if you are wearing heels, boots or sandals, good luck!
Medical conditions: past surgery, inner ear issues, vertigo – all mimic signs of impairment.
Weather conditions: cold temperatures, wind or rain make things even harder.
A perfectly sober person can fail these tests. And failing gives the officer probable cause to investigate you further- potentially leading to arrest.
Let’s look at these tests in more detail:
The horizontal gaze nystagmus (HGN) test is when the officer moves a pen or finger side to side while you track it with your eyes. The officer is looking for involuntary eye jerking. But unfortunately, fatigue, anxiety or medical conditions, can cause this same effect.
The one leg stand test. The officer is checking to see if you can listen to instructions and perform simple tasks and if you are able to stand on one foot for about 30 seconds without losing balance. Even minor wobbles, arm movements or accidentally lowering your foot can be seen as a sign of intoxication. You can be completely sober with absolutely zero alcohol in your system and still fail this test if you have problems balancing, or if you recently had a surgery or if you are just plain nervous. A person can fail this balancing test if they are simply overweight.
The Walk and Turn Test is another type of FST. This is where the officer is going to ask you to walk a straight-line – heel to toe, which means you turn and walk back while the officer watches you to observe any signs of impairment. If you make any mistakes, like stepping off the line, using your arms for balance, or if you miscount the steps or start the test before the officer finishes giving you instructions– guess, what – you just failed the walk and turn test. All these mistakes are counted as “clues” of impairment, even if you are just nervous.
Think carefully before you agree to in these tests because if you don’t perform these tests perfectly, the officer will mark you down as impaired.
You can protect yourself by refusing to take these tests. You have no legal obligation to perform these tests (FSTs). For most people over the age of 21 who are not on DUI probation, that’s often the best choice. Politely say, “I’d prefer not to do any tests without my attorney present.”
By knowing your rights, you reduce the chances of giving officers evidence to use against you. And if you are arrested for DUI, your attorney will be able to make a stronger case for you.
Number 4: THE PORTABLE BREATH TEST trick is another tactic. During a DUI stop, and before you are arrested, the officer may casually pull out a handheld breathalyzer and say something like: “just blow into it real quick- it’s formality or “let’s just check to see if you’re good to drive.”
This sounds harmless, but the here is the trick: the handheld breathalyzer is completely optional for most drivers. Yet, you may be under the impression that you are required to blow into this device.
Let’s look into a little more detail on what this device is. A preliminary alcohol screening device or PAS is a portable breath test that checks your blood alcohol concentration or BAC on the spot, before an arrest. It is often used to confirm an officer’s suspicions that you have been drinking. You have the right to refuse the PAS test. It is completely optional and you are not legally obligated to take this test. But there is a catch: If you are under 21 or on DUI probation, refusing the PAS test could lead to immediate penalties, such as losing your license. Unless this exception applies, you are free to refuse the test and you don’t have to explain your reasons for declining either. You always want to remain polite if you decline to take this test.
Number 5: “The Choice Confusion.” Things change when you are arrested. Under California law, when you get a driver’s license and drive on public roads, you have automatically given your implied consent to take a chemical test if you’re lawfully arrested for DUI. In other words, by getting your license, you agreed to take a breath or alcohol test if you are arrested for DUI. So, if you have been arrested you should comply with a request for a chemical test such as blood or breath tests, otherwise a refusal penalty may apply and expose you to additional jail time and longer suspension time for your driver’s license.
When you are asked to take a chemical test, you may be overwhelmed with options for the chemical test. The officer may ask you, “do you want a breath test or a blood test? The breath test is faster, but the blood test is more accurate. What is your choice?” You are likely anxious or confused. If you are unsure, you may make a hasty decision that may hurt your case. You may find that the officer is subtly pushing you toward a test that’s easier to use against you. You can ask the officers, “which test am I legally required to take?”
The breath test is the easiest for officers and you may find that the officer is pushing you toward this test. Officers usually prefer this because it is quicker, easier. But breath tests are often less accurate than blood tests, especially if you have recently consumed alcohol or even mouthwash. Breath test machines can misread residual alcohol in your mouth, inflating your results.
You can tell the officer that you prefer the most accurate test available. Which often means the blood test.
Keep in mind that after your arrest and during the chemical test, the officer may continue to ask questions such as, “how much did you drink tonight?” “Are you feeling buzzed right now?” “What time was your last drink?” The officer may be trying to gather additional evidence to justify your arrest. Even innocent answers can backfire, such as admitting you had one glass of wine with dinner. To protect yourself, you should tell the officer, “I’m going to remain silent until I speak with my attorney.” Once you have been arrested, you have the right to remain silent and that’s often your best move.
CONCLUSION
And there you have it – 5 tricks police use during DUI stops in California. Remember, keep your mouth closed, politely hand them your driver’s license, registration and insurance. you don’thave to participate in the fieldsobriety test you don’t have to take the portable breath/alcohol screening test and don’t be confused by the options for the chemical test.
Remember be polite but don’t help the officer to arrest you if you are not legally required to. At the end of the day, you can legally limit how much that officer has to consider in making his arrest decision.
The fight is not on the road with the officer – the fight will be in court with your attorney. If you or a loved one is facing a DUI charge in San Jose or the surrounding areas in California, you need answers to defend your freedom and your future. We offer confidential consultations at the number on the screen. Don’t wait, call (408) 877-6177 for a consultation about your DUI case today.
