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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.

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Our Settlements & Verdicts

  • Case Dismissed Client Accused Of Possessing 2-pounds Of Marijuana For Sale
  • Case Dismissed Client Accused Of Possessing 7-pounds Of Methamphetamine With Intent To Sell
  • Case Dismissed Client Accused Of Possessing Marijuana
  • Not Guilty Client Charged With Assault Charges And Gang Enhancements
  • Case Dismissed Client Charged With Battery On A Correctional Officer And Resisting An Officer
  • Case Dismissed Client Charged With Domestic Violence
  • Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
  • Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
  • Case Dismissed Client Charged With Felony Cultivation Of Marijuana, Possession Of Marijuana For Sale, And Misdemeanor Narcotics Charges
  • Case Dismissed Client Charged With Felony Possession Of A Baton And Misdemeanor Possession Of A Concealed Handgun
  • Case Dismissed Client Charged With Possession
  • 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
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Hear From Our Happy Clients

At Wilber Law Offices, P.C., your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    “I would definitely recommend Ryan Wilber to anyone in need of top notch legal representation.”
    I have used Ryan Wilber several times. Ryan’s representation is both aggressive, and intelligent. His real word experience has proven invaluable to me, and has significantly lessened the consequences of my actions. I found Ryan’s rates to be as good or better then anywhere else around town. Ryan was available to me every time I needed to talk to him. I would definitely recommend Ryan Wilber to anyone in need of top notch legal representation.
    TC
    “Thank You! I am beyond thankful and amazed by their work.”
    Ryan absolutely did magic on my trial, and was able to change my life by dodging an underage DUI. This would have been huge for my life and record for 10 years !  Jake as well was always there when I needed him. Always had time, patient and helped me tremendously with the stress I was going through during the process of my DUI. Both were genuine and caring attorneys who are the best at what they do. Thank You ! I am beyond thankful and amazed by their work.
    Sam
    “If your looking for an experienced trial lawyer this is the team you want to hire.”
    Ryan Wilber & Wilber Law Offices helped me a lot (and that’s an understatement!)  He was able to negotiate a deal for me that saved my career and kept me out of serious trouble. They are the best in Santa Rosa / Sonoma County. If you need legal help I fully recommend them!  If your looking for an experienced trial lawyer this is the team you want to hire.  He acted as a shield in my time of need and is the legal protection you want to hire in the complicated legal process of the court system.
    William H.
    “Rachel you are a great attorney, your arguments were clear and factual. Your attention to detail was over the top and your counter arguing was impressive.”
    There are no words on how to thank you for all you have done for me and our family, especially John Doe. He has been given a second chance at life and I will pray and hope that he will succeed… Rachel you are a great attorney, your arguments were clear and factual. Your attention to detail was over the top and your counter arguing was impressive. You should be highly regarded…
    Former Client
    “Ryan is a consummate professional. I would recommend his services to anyone.”
    Ryan is a consummate professional. I hired him to represent me on a high value fraud case. He was very attentive to my requests, always followed up with me in a timely manner, and ultimately won my case to the tune of over $400,000.
    Chuckles G.
    “I’ve known Ryan for the better part of 20 years, he is very passionate about his work and it shows!”
    I just went through the painstaking process of getting a DUI in Sonoma County. Ryan Wilber and his team did an amazing job in making this process go as smooth as possible. I’ve known Ryan for the better part of 20 years, he is very passionate about his work and it shows! Ryan and his office kept me informed with the most up to date information regarding my case and I was also able to log into an online account that was set up where I could access all of my documents. If you need legal help I would highly recommend Wilber Law Offices.
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    “I’ve consulted Ryan over the last year on several legal matters, both personal and financial. His knowledge of the law is comprehensive and his counsel has been invaluable to me.”
    I’ve consulted Ryan over the last year on several legal matters, both personal and financial. His knowledge of the law is comprehensive and his counsel has been invaluable to me. I’ve talked to a few other lawyers in the past that I felt good about and were knowledgeable, but where Ryan really stood apart from the others was in his ability to help me fully grasp my options and clarify the legal process so I could make hard decisions with confidence. I was getting pushed around and feeling a bit intimidated before he helped me fight back. I’m very thankful to have Ryan there when I need him!
    Former Client
    “One of the best experiences in my life. Professional, courteous and understanding through whole process.”
    One of the best experiences in my life. Professional, courteous and understanding through whole process. Want to point out Ryan Wilber in particular, a special breed of cat. He is smart, intuitive and a brilliant lawyer!
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