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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.

DUI Checkpoints in Sonoma County

DUI checkpoints, also called sobriety checkpoints or roadblocks, are an exception to the reasonable suspicion requirement for traffic stops. DUI checkpoints have been challenged in California courts but upheld as lawful. However, there are requirements DUI checkpoints generally need to follow to be considered constitutional.

If the DUI checkpoints do not follow the necessary criteria, your experienced Sonoma County DUI attorney may be able to challenge the legality of the DUI checkpoint. Some of the criteria include:

Publicly advertised in advance;
Reasonably located;
Neutral criteria for stopping vehicles; and
Drivers should be detained for a minimal amount of time.

Why You Should Think Twice Before Taking a Field Sobriety Test in California

As part of the DUI investigation, police officers may ask the driver to perform several tests. These “field sobriety tests” are supposed to help identify whether a driver may be impaired by alcohol or drugs. The most important thing to know about standardized field sobriety tests (SFSTs) is:

Field sobriety tests are not mandatory in California. There are no penalties for refusing to perform them.

The standard tests performed by most law enforcement agencies and the tests that are reportedly more accurate include:

One Leg Stand Test
Walk and Turn Test
Horizontal Gaze Nystagmus (HGN)

The police officer may make it seem like you do not have a choice or that performing these tests is in your best interest. However, suppose the officer wants you to perform the tests. In that case, chances are the officer is planning on arresting you anyway and is only looking to gather more evidence to support their probable cause case.

“If I’m not impaired, what must I lose?” There have been many drivers who were arrested for a DUI for “failing” a field sobriety test even though they were sober. There can be several reasons for failing SFSTs that are unrelated to alcohol or drugs, including:

Medical issues
Environmental factors
Improper instructions
Nervousness
Police failing to follow SFST procedures

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

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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

Chemical Testing After a DUI Arrest

The chemical test result is the primary evidence used against a driver in a DUI case. For most alcohol-related arrests, this is a breath test. For drug or combination drug and alcohol arrests, this may involve a blood or urine test. Prosecutors use this evidence in court to show a driver’s alcohol level or the presence of drugs in a person’s body.

Under California’s implied consent laws, drivers are considered to have agreed to submit to a chemical test after a DUI arrest. If a driver refuses to submit to a chemical test, the driver’s license can be suspended for an entire year without the opportunity to obtain a “work license" or IID-restricted license.

There are still ways for your lawyer to challenge chemical testing after a DUI arrest. If the police did not follow the proper procedures, your lawyer may challenge the use of the test results to keep them out of evidence. Talk to your Santa Rosa DUI defense lawyer about the best defenses available.

Understanding the Role of the DMV in a DUI Arrest

Following a DUI arrest in California, the legal process involves not only criminal proceedings but also administrative actions by the Department of Motor Vehicles (DMV). Most drivers are unaware that they must request a DMV hearing within 10 days of their arrest to challenge the automatic suspension of their license. This administrative hearing is separate from your criminal court case and can significantly impact your ability to drive. At the hearing, issues such as whether the officer had reasonable cause to stop you, whether you were lawfully arrested, and whether your BAC was 0.08% or higher are examined. Failing to act promptly can result in losing your license before your criminal case is even resolved.

Let Our Santa Rosa Defense Team Fight for You

Select 77 more words to run Humanizer. Your experienced DUI defense lawyers will investigate your case to determine the best ways to fight the DUI charges. If the police or law enforcement took shortcuts, didn’t follow the rules, or violated your rights, you should not have to pay the price for your mistakes. Call the Santa Rosa DUI defense team at Wilber Law Offices as soon as possible after your arrest to ensure your rights are protected, and all possible avenues of defense are traveled.

Don’t face DUI charges alone. Contact a trusted Santa Rosa DUI defense lawyer now to start building your defense!

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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…

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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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