When being pulled over, it can be very tempting to do everything an officer asks you to, hoping it will earn their clemency and favor, but when it comes to Driving Under the Influence arrests, you are far better off understanding exactly what is at stake, and what you can refuse and why. This article explains how DUIs are defined in California, as well your rights when under arrest or investigation for driving under the influence, including:
- The legal definition of driving under the influence in California.
- Which breath tests you can refuse and why.
- What to expect during and after a DUI arrest in California.
What Is The Legal Definition Of DUI In California?
The legal definition of DUI in California is operating a motor vehicle while under the influence of drugs or alcohol to a level of impairment that would make the driver unable to operate safely.
What Is The Blood Alcohol Concentration Limit For DUI In California?
For a charge of driving under the influence, the legal limit for your Blood Alcohol Concentration is 0.08. Though you can still be charged with a DUI in certain circumstances with a lower BAC, you will almost certainly get charged with any reading that falls at or above that limit.
What Is A DUI With Aggravating Factors?
A DUI with aggravating factors is a more serious charge, sometimes even a very serious felony charge, resulting from additional elements of the incident that make it more serious in the eyes of the law. Some examples of aggravating factors would be an injury to another party or having prior DUI convictions.
What Are The Standardized Field Sobriety Tests Used In A DUI Stop?
Standardized field sobriety tests are the basic physical movements an officer will often ask you to perform to demonstrate that you are not inebriated. In California, the three standardized field sobriety tests officers will “request” are the walk and turn, the one-leg stand and the horizontal gaze nystagmus test.
Can I Refuse To Perform Standardized Field Sobriety Tests?
You absolutely can refuse to perform any field sobriety tests the officer requests. No matter what officers say these are not mandatory, and refusing is not evidence of guilt.
On the other hand, taking a roadside test and failing it does provide the officer with additional evidence to use against you, which is exactly what they want and why they ask you to take it. Therefore, it is most often a good idea to refuse. After all, you can fail these tests even stone-cold sober if you have a bad balance or are nervous, tired, or stressed.
What Is A Roadside Breathalyzer?
The roadside breathalyzer is a device that police officers and state troopers carry. It is used in the investigation phase of a DUI arrest. The law enforcement officer will offer to let you take it as a PAS or preliminary alcohol screening test, but doing so is rarely a good idea.
Am I Required To Do A Preliminary Breathalyzer Test When Pulled Over By Law Enforcement In California?
A roadside breathalyzer test is not mandatory, and you should feel free to refuse it. The officer who has pulled you over will often even tell you that it is not required (as a tactic to get you to agree!), arguing that it will give him or her additional information so they can clear you to drive.
This, however, is the pre-arrest test. They are looking for a justification to arrest you. You can refuse the pre-arrest breathalyzer test, and all drivers should do so.
Attorney John Abel is a highly experienced DUI defense lawyer based in Fresno, California. He has helped countless clients just like you navigate the stress and risk of a DUI arrest. With over 20 years of experience defending against DUI charges in and out of the courtroom, he is now sharing his wisdom to help ensure your freedom.
Questions about your DUI arrest? Has a loved one been pulled over or charged? Contact the John Abel Law Office today to schedule an initial consultation.
Call Now At - (559) 321-1977
What Happens After I’m Formally Arrested For DUI?
Assuming the officer decides to arrest you (which can happen despite or because of refused tests), you will be told you are under arrest for driving under the influence and possible related charges. The scary process of a formal arrest has begun.
Only now will you be informed by the police officer that you are required to provide a chemical test sample for either a blood or breath test. They will also remind you of the implied consent law that you signed when you got your driver’s license, which says that after a lawful arrest, you are required to submit to a chemical test.
At this point, you have to provide either blood or breath samples; otherwise, you will be facing a refusal charge that carries additional consequences of one, two, or even three years of license suspension. You should always provide this sample after being arrested to cooperate with the chemical test request.
After all, a good DUI defense lawyer may be able to get that result thrown out if their arrest turns out to have been unlawful!
If Police Decide To Charge Me, Will I Always Be Arrested On The Spot?
Most routine DUI officers will cite and release you to someone who can safely get you home if there are no other aggravating factors. If there is no one else who can take care of you and drive you home, then the officers have no choice but to take you to jail and book you.
Will I Be Taken To Jail Right After A DUI Arrest?
Whether or not you go to jail after a DUI arrest is often at the discretion of the officer. If they can get you safely home with someone who can care for you, they will most often release you. If, on the other hand, there are any serious aggravating factors, such as an injury or confrontation during the contact, then most likely, you will be taken to jail after being arrested.
What Happens At The Station During A DUI Arrest And Booking?
During booking, law enforcement personnel will take your fingerprints and pictures. They may also conduct the breath test at the station as well or instead of a blood test if these tests have not already been collected.
Once you have been fingerprinted and photographed and completed the proper chemical test, you will be put into a holding cell, then released after a few hours, or in the case of a more serious charge, brought before a judge.
What Happens If I Refuse To Take A Chemical Breath Or Blood Test?
If you refuse either chemical test, your license can be automatically suspended for one year, two years, or even up to three years, depending on the circumstances.
In addition, refusal may not even help your case, as it will only result in a warrant being issued and blood being forcefully drawn against your will. Either way, the police will still obtain their evidence. But in refusing, you forfeited your right to a much shorter suspension, and now a mandatory one-year minimum suspension could be imposed even if you are cleared of all DUI charges. Either way, you are going to need a good attorney.
For more information on Facing DUI Charges In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (559) 321-1977 today.
Attorney John Abel is a highly experienced DUI defense lawyer based in Fresno, California. He has helped countless clients just like you navigate the stress and risk of a DUI arrest. With over 20 years of experience defending against DUI charges in and out of the courtroom, he is now sharing his wisdom to help ensure your freedom.
Questions about your DUI arrest? Has a loved one been pulled over or charged? Contact the John Abel Law Office today to schedule an initial consultation.
Call Now At - (559) 321-1977
