California DUI Stop: Understanding the Basics

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CALIFORNIA DUI STOP
Understanding the Basics
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When Can You Be STOPPED?
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Police need reasonable suspicion to pull you over
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Reasonable suspicion does not need to apply to
drinking and driving
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Police may use a pretextual stop to pull you
over
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Officer needs probable cause to search or arrest
after the initial stop
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DUI checkpoint is not a stop so an officer
does not even need reasonable suspicion to stop
you
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Field Sobriety Tests
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An officer may use both standardized (approved by
NHTSA) and non-standardized FSTs
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Standardized FSTs include
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Standardized FSTs include
HORIZONTAL GAZE NYSTAGMUS TEST (HGN) the HGN
test is conducted by the officer using an object
(usually a pen) and moving it from the center of
your field of vision to the side and back
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Standardized FSTs include
HORIZONTAL GAZE NYSTAGMUS TEST (HGN) The
officer is looking for nystagmus which is an
involuntary bouncing of the eye that occurs
when under the influence of alcohol
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Standardized FSTs include
ONE-LEG STAND this test requires you to stand
on one leg with the other leg held up about six
inches for a count of thirty
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Standardized FSTs include
ONE-LEG STAND You are required to count out loud
while performing the test
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Your arms must remain down at your sides and
cannot be used for balance during the test
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Standardized FSTs include
WALK AND TURN for this SFST you are told to
walk a straight line touching heel to toe for
nine steps
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Standardized FSTs include
WALK AND TURN After step nine you must pivot
counter clockwise and return along the same line
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Standardized FSTs include
WALK AND TURN Again, your arms cannot be used
for balance and must remain at your sides
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Taking too few or too many steps, failing to
pivot properly, or swaying while you walk can
count against you in this test
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Chemical Tests
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IMPLIED CONSENT LAW means that you gave your
consent to submit to a chemical test when you
chose to obtain your California drivers license
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Refusing a chemical test comes with an automatic
one year license suspension if it is your first
refusal
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LEARN MORE ABOUT DUI STOP IN ORANGE COUNTY
CALIFORNIA
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Daryl B. Thompson Orange County DUI Attorney
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Click to visit drunkdrivinglawyer.com Or call
[phone]