Blog
Los Angeles DUI Questioning
Contents
Los Angeles DUI Questioning
Being pulled over and questioned for a DUI can be an incredibly stressful and scary experience. As a Los Angeles driver, it’s important to understand your rights and the typical process during a DUI stop. This article provides an overview of what to expect during DUI questioning in LA, as well as tips for handling the situation safely and legally.
The Initial Traffic Stop
Getting pulled over is never fun, but try to remain calm. Take a few deep breaths while pulling your vehicle to the side of the road. Roll down your window and wait for the officer to approach you. Be cooperative and polite at all times during the stop.
The officer will first ask for your license, registration and proof of insurance. Comply with providing these documents. If asked, tell the officer where you are coming from and where you are heading.
At this point, if the officer suspects you of a DUI, they will start questioning you about your alcohol consumption or drug use. Be aware that you have the right to decline answering these questions.
Field Sobriety Tests
After the initial questioning, the officer may ask you to step out of your vehicle to perform some field sobriety tests. These can include:
- Horizontal gaze nystagmus test – following a pen or light with your eyes
- Walk and turn test – walking heel to toe in a straight line
- One leg stand test – standing on one leg while counting out loud
While you can legally refuse to perform these tests, it’s generally recommended to comply in a DUI stop. Refusing tests can raise additional suspicion. If you agree to the tests, listen carefully to all instructions and do your best to perform them soberly.
Preliminary Alcohol Screening
The officer may also request you take a preliminary breath test (PBT) at roadside. This handheld breathalyzer estimates your blood alcohol content (BAC). While the PBT cannot be used as official evidence in court, refusing it may lead to further legal consequences in some cases.
Arrest and Transport
If the officer feels there is probable cause you are driving under the influence based on your performance on the tests, you may be placed under arrest. At this point, do not physically resist arrest.
You will be handcuffed and transported to the nearest police station. Your vehicle will be towed or released to a licensed driver you designate. Do not attempt to drive it yourself.
Booking and Processing
At the station, an officer will process your arrest by taking fingerprints and mugshots. You will be searched and your personal belongings confiscated.
The officer will read you your Miranda rights, including your right to remain silent and right to an attorney. Use your right to remain silent until you have legal counsel present.
Chemical Testing
As part of processing, you will be requested to take a chemical BAC test, either by breath, blood, or urine sample. Under California’s Implied Consent law, you give consent to submit to such testing when you get a driver’s license. Refusing a chemical test can result in severe penalties.
However, you have the right to choose between a breath or blood test in most cases. Breath tests are less invasive. If you take the test, the results can be used as evidence against you. But refusing the test altogether may also be used against you in court.
Booking and Bail
After processing is complete, you will be booked into jail. For a first offense DUI, bail is typically set at $5,000. You can pay the bail amount yourself or contact a bail bondsman. If you cannot afford bail, you will remain in jail until your arraignment.
Legal Help
Following your release, immediately contact a DUI defense attorney. An experienced lawyer can help protect your rights, review your case details, contest the charges and represent you in court proceedings going forward.
With legal help, you may be able to plea bargain or reduce the DUI charges. Your lawyer can also advise if you have any defenses that could beat the charges, such as illegal traffic stop or inaccurate breathalyzer results.
Fighting DUI Charges
There are many strategies a skilled DUI lawyer may use to contest your charges, including:
- Invalidating the traffic stop
- Challenging the accuracy of blood or breath tests
- Disputing the results of field sobriety tests
- Questioning the validity of blood draws
- Arguing rising blood alcohol levels
- Using lapse of time defenses
An attorney can also negotiate with prosecutors for reduced charges or penalties. Depending on your case details and criminal history, they may be able to get the charges dropped to reckless driving or wet reckless.
Consequences of a DUI Conviction
If convicted of a DUI in California, consequences include:
- Up to 6 months in jail for first offense
- Fines up to $1,000 plus penalties
- Driver’s license suspension up to 10 months
- 3-9 months alcohol education program
- Ignition interlock device requirement
- Up to 3 years probation
These consequences get significantly worse for repeat DUI offenses within 10 years. That’s why it’s so important to fight your charges with an attorney.
Moving Forward
Being charged with a DUI can be overwhelming. But stay positive, get legal help, and take things one step at a time. Many drivers are able to get through this process and move on with their lives. Don’t hesitate to lean on family and friends for support during this difficult time.
And learn from the experience. If convicted, use your sentence requirements like DUI classes and AA meetings as an opportunity to improve your relationship with alcohol and make changes for the better. Your life is worth so much more than one bad choice.
We all make mistakes. But you have the power to own up to yours, face the consequences, and become an even stronger person. The future is bright if you choose to learn and grow from this experience.
References
Learn more here: