Legal Question in DUI Law in California
If a sheriff asks me to get out of a parked car to check my eyes" and or breathalyze me, do I have the right to stay in the parked car and refuse to comply? There is no evidence of any impaired driving because the car was originally parked; I did state I had taken some painkillers earlier (does my account of taking painkillers warrant the officers to conduct a lawful drug screening and therefore use force to pull me out of the vehicle?)
1 Answer from Attorneys
Another motorist whose parents never taught them not to talk to cops. You used poor judgment in admitting to the officer that you had taken painkillers, and in speaking to the officer at all. You are required by law to submit to alcohol breath testing. Whether or not you have a legal right to stay in your parked car, refusing to obey reasonable instructions from a cop usually makes things worse. The exceptions are that you should never speak to officers, or consent to a search.
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