Wallet card
I am exercising my right to remain silent.
I want to speak with my lawyer. I do not consent to any search.
Eric H. Hintz, Criminal Defense
Office (916) 465-6500
Call or text, 24 hours (916) 802-5979
If police stop you
- Stay calm, keep your hands visible and don’t run or physically resist, even if you believe the stop is unfair.
- If you are driving, you must show your license, registration and proof of insurance when asked (Vehicle Code §§ 12951, 4462, 16028).
- You can ask, “Am I free to go?” If the answer is yes, leave calmly.
- You may record police in public, as long as you don’t interfere (Penal Code § 148(g)).
If police question you
You have the right to remain silent and the right to a lawyer. Say clearly: “I am going to remain silent. I want to speak with a lawyer.” Then stop talking. Don’t explain, don’t try to talk your way out of it, and don’t lie. Officers are allowed to tell you things that aren’t true to get you to talk.
Searches
You can say, “I do not consent to any searches.” Say it calmly and don’t physically resist if officers search anyway; whether the search was lawful can be challenged later in court. Police generally need a warrant to enter or search a home. If they say they have one, ask to see it.
DUI stops
- Field sobriety tests, such as walking a line, are voluntary. You can politely decline.
- The roadside breath test (a preliminary alcohol screening, or PAS) is generally voluntary if you are 21 or older and not on DUI probation.
- After a lawful DUI arrest, California’s implied consent law requires a breath or blood test (Vehicle Code § 23612). Refusing has serious consequences, including a longer license suspension.
After an arrest
- Ask for a lawyer and don’t discuss the case with anyone else, including cellmates.
- Jail calls and visits are recorded. Don’t talk about the case on them.
- Don’t post about the case or the arrest on social media.
Law cited: Vehicle Code §§ 12951, 23612; Penal Code § 148(g). Last reviewed October 2026.
General information, not legal advice. Every case is different.