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In the attached video, veteran criminal defense attorney Elliot Kanter shares essential advice for anyone who’s been stopped for a DUI in California. With over four decades of experience handling DUI cases, Kanter walks viewers through exactly what to do—and what not to do—if you find yourself in this stressful and high-stakes situation.
First and foremost, Kanter emphasizes the importance of cooperation with law enforcement. If an officer asks for your license, registration, or insurance, you should comply. If you're instructed to step out of the vehicle, do so calmly. But when it comes to field sobriety tests—such as walking a straight line or reciting the alphabet—you are not required to participate, and Kanter strongly advises against it. These tests often provide more evidence for the officer, not for your defense.
The same goes for the preliminary alcohol screening (PAS) test, the small handheld breathalyzer offered at the roadside. Unless you're already on DUI probation, you can legally refuse this test without penalty. However, if you're arrested, you are required to submit to a blood or breath test at the station. Refusing at that stage can lead to an automatic, hard one-year license suspension, with no option for a restricted license.
Kanter also urges viewers to act fast after an arrest. Your driver's license is usually confiscated, and you’re given a temporary license that’s only valid for 30 days. To fight the suspension, you must request a DMV hearing within 10 days. Missing this deadline can mean losing your license even before your court case begins.
Contact a San Diego DUI Defense Attorney Today
If you’ve been stopped or arrested for a DUI in California, watch the video above, then contact The Law Office of Elliot Kanter immediately. Time is critical. Let an experienced DUI attorney help protect your license, your rights, and your future. Call today at 619-231-1883 or fill out our contact form for a free, confidential consultation.
