So, since you can't count on your cop to fill you in, I suggest you keep in mind the following information and hope you don't ever need it...
The 5th Amendment protects you from being compelled in any criminal case to be a witness against yourself. You knew that. But contrary to what you see on TV and in the movies, cops are not very eager to remind you of that fact. Why should they? The Supremes say they are only required to inform you of your right to remain silent if you are in custody and being interrogated. So if a cop pulls you over and asks you if you have had anything to drink, he is not required to inform you of the fact that you do not need to answer. Why not? Because despite the fact that you most certainly do not feel free to leave, according to The Supremes, you are technically not "in custody." Furthermore, the questions asked during a DUI investigation (at least the ones asked in the field) are not considered an "interrogation." (I know it makes no sense, but that's just the way it is. That's the law.)
Now, police officers are extremely familiar with human nature and the overwhelming need one feels to "explain themselves" or "talk their way out of trouble" (a need which apparently becomes more compelling as one's blood alcohol content rises.) Call it what you will, but to the officer who is about to arrest you, it's just plain old self incrimination which he will include in his report to be later used against you in court.
Do you really want to make it easier for the officer to arrest you?
Do you really want to make it easier for the prosecutor to convict you?
If so, keep on talking.
For the rest of you, keep in mind that the officer is allowed to elicit biographical information such as your name, address, birthday, etc. However, if the officer asks whether you've been drinking, or how much you've been drinking, you should politely and courteously decline to answer the question. You can tell the officer that you have been told never to answer questions like that without a lawyer present. Will this make the officer happy? Do you care?
If over 21, you can refuse to participate in Field Sobriety Tests
An officer who stops you for suspected DUI will likely direct you to participate in a number of Field Sobriety Tests alongside the road. These tests supposedly determine whether the taker is under the influence by measuring coordination, balance, eye movement, language and memory skills. You must step out of your car, if told to do so. But, what the officer will almost certainly fail to inform you of the fact.that unless you are under the age of 21,you are free to refuse to do the Field Sobriety Tests without consequence. Should you refuse the field sobriety tests if you are over 21? Yes!
First of all, even sober people can have trouble "passing" field sobriety tests. This is particularly the case when the person is nervous (which you will be) or suffers from physical problems or disabilities. Secondly, the tests are administered roadside under less than controlled conditions by a police officer whose subjective opinion alone determines whether you have "passed" or "failed."
If you refuse the roadside sobriety tests, be sure to do so politely and courteously. There is nothing to be gained from being combative or abusive to the officer. If you must give a reason, simply state that you have read that roadside sobriety tests are not accurate. Again, will this make the officer happy? Do you care?
If Over 21, You Can Decline The Roadside PAS Test
Sometimes the law enforcement officer will ask the stopped motorist to take a "Preliminary Alcohol Screening" or PAS test. This test is administered roadside using a handheld breathalyzer device, and will supposedly reveal the taker's blood alcohol content (BAC). As with all roadside tests, the adult DUI suspect can refuse to take this test. Should you refuse to take the PAS test? Probably, unless you you are confident the test will not reveal any alcohol at all. The results of this roadside test can be highly inaccurate. The PAS is not the same breathalyzer test given after arrest, at the station, which uses a larger, more reliable machine.
After Arrest, You Must Submit To A Chemical Test
Under California's implied consent law, refusal to submit to a chemical test after you are taken into custody will result in suspension of your driver's license and enhanced penalties. California law even allows a DUI suspect who is in custody to be forceably given a chemical test, if the suspect refuses. What the arresting officer may not tell you is that you have the right to choose the test from among those tests available. There are three chemical tests used—urine, breath, and blood. Not all tests may be available at the testing center; and you must choose from among those tests actually available. (The urine test is generally no longer provided for suspected DUI unless the other tests are unavailable.)
The blood test is the most accurate, and should be chosen where the motorist knows his or her BAC is below the limit. However, if concerned about substances other than alcohol being found in your blood, it's probably better not to choose the blood or urine test. Instead, you may ask for the breathalyzer test, which tests only for alcohol. Of course, if the officer strongly believes you were acting impaired and a breathalyzer tests does not detect alcohol, the officer may then insist that you also take a blood or urine test.
The blood test is the most accurate, and should be chosen where the motorist knows his or her BAC is below the limit. However, if concerned about substances other than alcohol being found in your blood, it's probably better not to choose the blood or urine test. Instead, you may ask for the breathalyzer test, which tests only for alcohol. Of course, if the officer strongly believes you were acting impaired and a breathalyzer tests does not detect alcohol, the officer may then insist that you also take a blood or urine test.
If you opt for a breathalyzer test, after it is conducted, you should ask that a blood sample also be taken and preserved, so that your attorney can later have it independently tested. Of course, if you are concerned about the presence of substances other than alcohol being found in your blood, you should not make this request.
No Right To Have A Lawyer Present For Tests
If you are taken into custody on suspicion of DUI, the officer will inform you of your "Miranda rights" You do have the right remain silent, and to have a lawyer present during any questioning. But, in a departure from the usual right against self-incrimination, you will be asked to take a chemical BAC test before you are allowed to talk to a lawyer. During this process you are on your own, even though potentially incriminating information is being elicited from you in through the breathalyzer, blood or urine test. You must make the best decision you can in choosing among the tests available. But, remember to exercise your remaining rights; and do not provide any additional information without first consulting with a lawyer.