California DUI Stop: What To Expect

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California DUI Stop
What to Expect
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Lights
in the Mirror
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Whether you have been drinking or not, seeing
the flashing lights in the mirror followed by
questions about your alcohol consumption can be
a frightening experience
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Knowing what to expect can make it less
frightening
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4th Amendment to the U.S.
Constitution
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The U.S. Constitution provides a number of
protections such as the 4th Amendment protection
against unreasonable searches and seizures
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SCOTUS has interpreted 4th Amendment to mean a
motorist does not have a high expectation of
privacy in a vehicle
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Warrant is not required to search a vehicle
operating on a public roadway
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Reason is still needed though
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Reasonable
Suspicion
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Law enforcement officer needs reasonable
suspicion to stop a vehicle
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Specific and articulable facts" on which the
decision to stop you was based
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Suspicion does not have to relate to DUI
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Pretext stop is allowed - officer can stop you
for something unrelated to drunk driving such as
a taillight out
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Probable
Cause
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An officer must have probable cause to actually
arrest you for DUI
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Difference between reasonable suspicion and
probable cause is a thin line and best left
to an attorney to decipher
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Consider them essentially the same thing
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Officer must believe that criminal activity is,
or was, taking place in order to make an arrest
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Exception to the need for reasonable suspicion or
probable cause is DUI sobriety checkpoints which
are considered administrative procedures and as
such do not require a finding of probable cause
or reasonable suspicion to stop and search
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Questioning
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Once stopped, the officer will often ask
seemingly harmless questions
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Field Sobriety Tests
Standard
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Field Sobriety Tests

• Non-Standard

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Breathalyzer
Refusal
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Breathalyzer test or blood draw is considered a
search
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Driver has given implied consent by operating a
vehicle on a public roadway so no warrant is
required
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May refuse a breathalyzer but there are
consequences
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One year license suspension for your first DUI
offense refusal, two years for a second DUI
offense within 10 years or three years for your
third DUI offense within 10 years
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Breathalyzer, Blood Drawand BAC
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A blood draw can be done by force under certain
conditions
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Both a breathalyzer test and a blood draw check
your blood alcohol concentration, or BAC
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California Vehicle Code Section 23152(b) reads
It is unlawful for any person who has 0.08
percent or more, by weight, of alcohol in his or
her blood to drive a vehicle
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Challenging a
DUI
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Almost everything from the initial stop on in a
DUI arrest can be challenged by your attorney
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Know More About
California DUI Stop
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www.attorneylombardo.com
[phone]
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