Posted On: November 16, 2009 by Shouse Law Group

Reality Series Actress Shayne Lamas Arrested at California DUI Checkpoint

Shayne Lamas, the former “Bachelor” winner and star of the new reality series “Leave it to Lamas” was arrested Saturday night at a DUI checkpoint in Venice, California. Shortly thereafter, she personally issued the following statement-

"Early Saturday morning, after consuming one drink, I willingly drove through a mandatory check point on my way home with complete confidence of passing. However, the breathalyzer indicated that I was over the legal limit of blood alcohol content and was arrested onsite."

What is the lesson here? As any California DUI defense attorney will tell you, don’t ever make any unnecessary statements...ever! In fact, this is one of the most important tips to reduce the likelihood of a California DUI conviction.

The reason that this is so important is because any statements that you make can and will be used against you…the prosecution will make sure of it. While Lamas’s statements seem innocent enough, they will undoubtedly be used to impeach her credibility during DUI plea bargaining or at trial.

This is because, absent extenuating circumstances, the general population wouldn’t believe that Lamas would have a BAC over the legal limit after consuming just one drink. Thus, prosecutors will attempt to use that statement to prove that Lamas was being untruthful. Similarly, if Lamas told the officers something different when they asked if/what she had been drinking, prosecutors will use that discrepancy to challenge her overall credibility...a trait that should never be underestimated when fighting a California DUI.

Now the fact of the matter is that there are a host of DUI defenses that could explain why someone who only had one drink could still have an illegal blood alcohol concentration (BAC). Faulty testing equipment, acid reflux, mouth alcohol, maintaining a low-carbohydrate, high-protein diet…these are just a sample of some of the reasons why a sober person could otherwise produce a false high BAC.

Even so, if you ever find yourself being investigated for a DUI, politely tell the officer…and anyone other than a DUI defense lawyer…that you don’t wish to make any statements. This is one tip that will help you reduce the likelihood of a California DUI conviction.