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Los Angeles DUI Police Procedure
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Los Angeles DUI Police Procedure
Getting pulled over for a DUI can be a scary experience. As a Los Angeles driver, it’s important to understand your rights and the typical police procedures for DUI stops. This article will walk through what to expect if you are stopped on suspicion of driving under the influence (DUI) in LA.
The Traffic Stop
If a police officer suspects you are driving impaired, they can pull you over at any time. Common reasons for a DUI traffic stop include:
- Weaving in and out of lanes
- Driving too fast or too slow
- Failing to come to a complete stop
- Straddling lanes
- Making wide turns
- Braking erratically
Once pulled over, the officer will approach your car and ask for your license, registration and proof of insurance. They will also start observing your behavior and appearance for signs of intoxication – slurred speech, bloodshot eyes, fumbling, odor of alcohol, etc. Be polite and cooperate with their requests – arguing will only make things worse.
Field Sobriety Tests
If the officer suspects you are impaired, they will likely ask you to step out of the vehicle to perform some field sobriety tests (FSTs). These on-the-spot tests are designed to gauge impairment levels. Common FSTs include:
- Horizontal gaze nystagmus – Following a moving object like a pen with your eyes.
- Walk-and-turn – Walking heel-to-toe in a straight line for 9 steps, pivot, and walk back.
- One-leg stand – Standing on one leg while counting out loud for 30 seconds.
Declining to take the FSTs can negatively impact your case. Even if you are unsure of passing, it’s best to take the tests to avoid automatic arrest in most cases. Be sure you understand the instructions and ask for clarification if needed – the officer will be evaluating your ability to follow directions.
Preliminary Alcohol Screening
Along with FSTs, the officer may ask you to take a preliminary breath test (PBT) at roadside. This handheld breathalyzer estimates your blood alcohol content (BAC) to determine if you are over the 0.08% legal limit. Under California’s implied consent law, you are required to take this chemical BAC test if lawfully arrested for DUI. Refusing the test can lead to increased penalties.
Arrest
If the officer feels there is probable cause you are driving under the influence based on FSTs, PBT, and general observation, you will be placed under arrest. At this point:
- You will be handcuffed and read your Miranda rights.
- Your car will be searched for open containers or other evidence.
- You will be transported to the police station for booking and further testing.
Do not resist arrest or become combative, as this can lead to additional charges. You have the right to remain silent until speaking with an attorney.
Booking and Processing
At the station, the arrest process involves:
- Fingerprinting and taking your photograph.
- Documenting your personal belongings.
- Formal interrogation about the DUI stop.
- Testing your blood alcohol level again.
For blood alcohol testing, you will be observed for 15-20 minutes before taking a breath or blood test to get your exact BAC. This chemical evidence can be used to prosecute for DUI. Under California’s implied consent law, you are required to submit to such chemical testing after a lawful DUI arrest.
Release and Notification
Once booked, the police may choose to:
- Release you on your own recognizance until your court date.
- Keep you in jail until you sober up or make bail.
- Release you to a responsible sober adult.
They will notify you of your charges, provide information on your arraignment date, and return your property. Your driver’s license will also be confiscated and suspended. For first offenses with no aggravating factors, many drivers are released within 6-12 hours.
Fighting DUI Charges
Being charged with a DUI does not automatically mean you will be convicted. An experienced DUI defense attorney can often get charges reduced or dismissed by challenging:
- The reason for the traffic stop.
- Probable cause to conduct FSTs and PBT.
- The validity of the field sobriety and breath tests.
- The accuracy of the BAC results.
- The lawfulness of the arrest.
- Any violations of your rights.
For example, in a recent Los Angeles case, a DUI charge was dismissed after the defense attorney proved the blood sample was mishandled by police. Aggressive defense can also help minimize penalties and avoid jail time through plea bargains. Don’t hesitate to hire a lawyer if charged with a DUI.
Avoiding DUIs in LA
The best way to avoid a DUI is to never drive impaired. However, if you’ve had even one drink, be extra cautious and:
- Keep under the 0.08% BAC limit – take a breathalyzer.
- Stop drinking 1 hour before driving.
- Eat food to slow alcohol absorption.
- Stick to major roads and drive the speed limit.
- Avoid rush hour times with heavy police patrols.
- Roll windows down and turn music off.
Also have cash for a taxi or rideshare service numbers handy in case you feel too impaired to drive. With DUI checkpoints and saturation patrols, LAPD strictly enforces DUI laws in LA – don’t take risks.
Conclusion
Being stopped for a DUI can be unnerving, but knowing what to expect can ease some anxiety. From the initial traffic stop to police station processing, it’s important not to resist any lawful requests. Be polite and invoke your right to an attorney early on. With an experienced criminal defense lawyer, many DUI cases can be reduced or dismissed – so don’t hesitate to fight the charges.
The best advice is to avoid impaired driving altogether. But if you are stopped by police, respectfully cooperate while not consenting to any voluntary searches or interviews without counsel. Protect your rights and let your lawyer handle challenging any questionable or unlawful police conduct.
References
[1] Los Angeles DUI Police Procedure
[2] Probable Cause Los Angeles DUI
[3] LAPD Reminds Officers Not to Drink and Drive After 7 Arrests