
DUI Arrest Process in California
Understanding What Happens After a DUI Arrest
A simple driving mistake at the wrong time can easily lead to a traffic stop. A regular traffic stop usually results in a traffic ticket or a warning. However, if the driver had any alcohol to drink or smoked some marijuana, that simple traffic stop can end in criminal DUI charges. Unfortunately, drivers can face charges for driving under the influence even if they are not over the legal limit. This is why contacting experienced DUI attorneys at Wilber Law Offices, P.C., who will investigate your case and fight against a criminal conviction, is essential.
Arrested for DUI and unsure what to do next? Call Wilber Law Offices, P.C. today at (707) 986-4482 or contact us online to protect your rights from the start!
DUI Defenses and Law Enforcement Violations
Law enforcement is supposed to follow specific rules and regulations to ensure they are not violating the Constitutional rights of drivers in California. However, the police do not always follow the rules and may jeopardize your rights. Throughout the DUI arrest process, from the traffic stop to chemical testing, any law enforcement violations can be the basis for fighting back against DUI charges.
Traffic Stops for Impaired Drivers in California
The police need a reason to make a traffic stop. This requires a “reasonable suspicion” that the driver has committed a crime or traffic violation. The police do not need to suspect a driver is under the influence of alcohol to make an initial traffic stop as long as the initial traffic stop is justified by a suspicion that the driver has broken a traffic law.
It generally doesn’t take much to justify an initial traffic stop. Any simple violation could be cause for a stop, including:
- Speeding
- Failing to signal a lane change
- Rolling through a stop sign
- Broken tail light
- Driving out of a parking lot at night without headlights on
- Tinted window violations
- Throwing a piece of paper out of the window
DUI Investigations After a Traffic Stop
Once the police make the initial traffic stop, they may begin a drunk driving investigation based on their interactions with the driver. Even if the initial traffic stop was made because of speeding or a broken tail light, if specific and articulable facts lead the officer to a reasonable suspicion of drunk driving, the police may continue their investigation to determine if there is probable cause to arrest the driver for a DUI.
Some of the common signs that may alert the police, sheriff, or highway patrol officer of drug or alcohol use may include:
- The odor of alcohol on the driver’s breath,
- The smell of marijuana coming from the car,
- Open containers in sight inside the car,
- Slurred speech,
- Bloodshot eyes,
- Admitting to drinking alcohol and
- Conflicting statements about where the driver was going to or from.
Arrest Procedures and Your Right to Remain Silent
During a DUI arrest, officers must follow specific procedures that protect their constitutional rights. After you are placed under arrest, you should be informed of your Miranda rights, including the right to remain silent and the right to an attorney. Any statements made after your arrest—especially admissions about drinking—can be used against you in court. However, if the arresting officer fails to advise you of these rights properly, it may be possible to suppress those statements from evidence. Understanding when to speak and when to remain silent is critical, which is why having legal counsel involved as early as possible can make a substantial difference in the outcome of your case.

Our Settlements & Verdicts
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Case Dismissed Client Accused Of Possessing 2-pounds Of Marijuana For Sale
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Case Dismissed Client Accused Of Possessing 7-pounds Of Methamphetamine With Intent To Sell
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Case Dismissed Client Accused Of Possessing Marijuana
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Not Guilty Client Charged With Assault Charges And Gang Enhancements
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Case Dismissed Client Charged With Battery On A Correctional Officer And Resisting An Officer
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Case Dismissed Client Charged With Domestic Violence
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Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
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Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
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Case Dismissed Client Charged With Felony Cultivation Of Marijuana, Possession Of Marijuana For Sale, And Misdemeanor Narcotics Charges
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Case Dismissed Client Charged With Felony Possession Of A Baton And Misdemeanor Possession Of A Concealed Handgun
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Case Dismissed Client Charged With Possession
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Case Dismissed Client Charged With Theft And Elder Fraud
Blood-Alcohol Level and DUIs
Drivers in California can get a DUI with a blood alcohol content (BAC) above the limit. This is known as a per se DUI. For a per se DUI, it does not matter if the driver was operating the vehicle safely. It is against the law to drive with a BAC over the limit (0.08% for most drivers).
Drivers can also face a DUI for driving with a BAC under the limit if the driver is impaired.
When it comes to alcohol, not all drivers react equally. Alcohol and other substances can affect different people in different ways. One drink may be too much for one driver, while others can have three or more drinks and still be under the legal limit.
Factors that can impact a driver’s ability to operate a vehicle safely can include:
- Sex
- Weight
- Body composition
- Consuming food
- Alcohol percentage
- Serving size
- Dehydration
- Combination of over-the-counter drugs
- Drowsiness
