What to Do When Pulled Over for a DUI in California

In A Nutshell

Getting stopped for drunk driving can feel like being thrown into a chaotic storm. You need to know how to steer through it without making things worse. The first thing you do is breathe. You see those flashing lights? Pull over safely. Don’t make any sudden moves. Keep your hands where they can see them. When the officer asks for your license and registration, provide them politely. And remember, you don’t have to do those roadside balance tests they ask you to do. They’re tricky, even for someone who hasn’t had a drink. You can politely say no. But if they ask for a breath or blood test, you have to comply in California.

If you refuse, you’re facing an automatic license suspension and a lot of extra trouble in court. Keep your answers short. Don’t admit to anything. Just stay calm and let the officer do their job. If they arrest you, don’t panic. You have rights. You don’t need to say anything until you’ve spoken to an attorney. The biggest mistake you can make is to think you’re alone in this. You’re not. Knight Law is here to help. Let’s take on this fight together.

The Comprehensive Guide

California’s DUI laws are tough. They want to keep the roads safe by making the penalties for drunk or drugged driving serious. Under California Vehicle Code Section 23152, it’s illegal to drive if your Blood Alcohol Content (BAC) is too high. For most drivers, that means a BAC of 0.08% or higher. If you’re a commercial driver, it drops to 0.04%. And if you’re under 21, any trace of alcohol means trouble. If you’re caught, you could face fines, license suspension, DUI school, or even jail. It’s all about knowing your rights and what to do if you’re stopped. It can make a huge difference.

Steps to Take When Pulled Over for a DUI

Stay Calm and Composed
The first and most important step when pulled over is to remain calm. Take a deep breath and try to manage any anxiety you may feel. The police officer will be observing your behavior, and staying calm will help you handle the situation more effectively.

Pull Over Safely
When you see the flashing lights of a police vehicle, pull over safely to the right side of the road. Find a safe location where you’re not obstructing traffic and where the officer can approach your vehicle comfortably. Avoid any sudden movements or erratic driving.

Follow the Officer’s Instructions
When the officer approaches your vehicle, keep your hands visible on the steering wheel and follow their instructions. Avoid reaching for your license, registration, or insurance documents until the officer requests them. The officer may ask you to step out of the vehicle, which is a routine part of the stop.

Provide Required Documents
You are required to provide your driver’s license, vehicle registration, and proof of insurance when requested. Be polite and cooperative when handing over these documents. Do not argue or attempt to refuse to provide this information.

Understand Your Rights Regarding Field Sobriety Tests
Field Sobriety Tests (FSTs) are assessments the officer may ask you to perform to determine if you are impaired. These tests may include tasks like walking in a straight line, standing on one leg, or following a pen with your eyes. While these tests are used to assess impairment, you are not legally required to perform them. Politely decline if you choose to do so, as the results can be subjective and may not always be in your favor.

Breathalyzer and Chemical Tests
If the officer suspects you are under the influence, they may request a breathalyzer test or other chemical tests to measure your BAC. In California, you are legally required to submit to a breathalyzer or blood test if requested by law enforcement. Refusing to take these tests can result in automatic license suspension and other legal consequences under California’s Implied Consent Law.

Be Cautious with Your Statements
While you are required to provide identification and submit to chemical testing, you are not obligated to make incriminating statements. Be respectful but limit your responses to basic questions. Avoid admitting to drinking or discussing your level of impairment, as these statements can be used against you in court.

Know the Consequences of Refusal
If you refuse to take a breathalyzer or chemical test, California law imposes severe penalties. You could face an automatic license suspension of one year for the first refusal and two years for subsequent refusals. Additionally, the refusal can be used against you in court, potentially leading to harsher penalties if you are convicted.

Be Aware of the DUI Checkpoints
California sometimes conducts DUI checkpoints, where all drivers passing through are briefly stopped and checked for impairment. If you encounter a checkpoint, follow the instructions of the officers and be prepared to provide your documents and submit to any required testing.

Prepare for Arrest and Booking
If the officer determines that you are impaired, you will likely be arrested and taken to a police station or jail for booking. During the booking process, you will be fingerprinted and photographed. You may also be asked to provide a breath or blood sample for further testing. Remember that you have the right to remain silent and the right to an attorney. Exercise these rights if you are unsure how to proceed.

What to Expect After the Arrest

Post-Arrest Procedures
After your arrest, you may receive a citation; you may be held in custody until you can be released on bail or until your court appearance. The arresting officer will submit a report to the district attorney’s office. The district attorney’s office will review the evidence and decide whether to file charges against you.

Legal Representation
It is highly advisable to seek legal representation if you are charged with a DUI. The sooner you get representation, the better. An experienced DUI attorney can help you understand the charges, navigate the legal system, and potentially mitigate the consequences of a conviction. They can also assist with negotiating plea deals, if appropriate in your situation, will advocate for you in court.

DMV Hearing
In California, your driving privileges are administratively managed by the Department of Motor Vehicles (DMV). After a DUI arrest, you will receive a notice of suspension from the DMV, and you have the right to request a hearing to contest this suspension. This hearing must be requested within 10 days of your arrest. This hearing is separate from any criminal court proceedings and focuses on the administrative aspects of your license.

Court Appearance
You will be required to appear in court to address the DUI charges. Your attorney will help prepare your defense, which may involve challenging the evidence, questioning the procedures followed by law enforcement by filing a motion to suppress, or presenting extenuating or mitigating factors. Be prepared for possible penalties if convicted, which may include fines, license suspension, mandatory DUI classes, and probation.

Potential Penalties for DUI Convictions

California DUI penalties vary based on factors such as the level of impairment, prior DUI offenses, and whether any aggravating factors (such as causing injury or having a high BAC) were involved. Common penalties include:

• Fines: Ranging from several hundred to several thousand dollars.
• License Suspension: Periods vary, but first-time offenders can face a suspension of up to six months.
• DUI Classes: Mandatory attendance in DUI education programs.
• Probation: Supervised probation with conditions. First time offenders usually get court or informal probation.
• Jail Time: Possible imprisonment, especially for repeat offenders or those with aggravating factors. First time offenders usually receive a work alternative program through the local sheriff’s office.

Dropping DUI Charges

Getting DUI charges dropped may at times prove to be a challenging process, but it’s possible under certain circumstances. Here’s a comprehensive guide to the strategies and steps involved in seeking the dismissal of DUI charges:

Challenge the Traffic Stop

Reasonable Suspicion

In California, law enforcement must have reasonable suspicion to pull you over. If the initial stop lacked a valid reason, your attorney might argue that any evidence obtained should be suppressed due to an unlawful stop.

Probable Cause

Similarly, once stopped, officers need probable cause to conduct further investigations or arrests. If the officer’s observations and reasons for arrest were not sufficient, this can be a basis for challenging the DUI charges.

Dispute the Field Sobriety Tests

Questioning Accuracy

Field Sobriety Tests (FSTs) are not always accurate indicators of impairment. They can be influenced by factors such as poor weather, uneven surfaces, or medical conditions. Your attorney can argue that the tests were conducted improperly or that external factors affected the results.

Challenge the Officer’s Training

If the officer administering the tests was not properly trained or followed incorrect procedures, this can be used to challenge the validity of the test results.

Challenge Breathalyzer and Chemical Tests

Testing Device Accuracy

Breathalyzer devices must be properly calibrated and maintained. If the device was faulty or not regularly calibrated, this could affect the accuracy of the BAC results. Your attorney can request records of maintenance and calibration.

Test Administration

Proper procedures must be followed during breathalyzer and blood tests. If there were procedural errors, such as improper handling of blood samples or incorrect administration of the breath test, these issues could be grounds for dismissal.

Medical Conditions

Certain medical conditions can affect breathalyzer results. For example, conditions like GERD (Gastroesophageal Reflux Disease) can lead to a false high BAC reading.

Review the Arrest Procedure

Legal Procedure

Your attorney will review whether your arrest was conducted according to legal procedures. Any deviation from the legal requirements can be a basis for challenging the arrest. This includes ensuring that you were properly informed of your rights (Miranda Rights) and that all procedures were followed correctly.

Examine the Evidence

Gather Evidence

Collect evidence that supports your case, such as witness statements, video footage, or medical records. This evidence might help counter the prosecution’s claims or demonstrate that you were not impaired.

Evaluate the Prosecution’s Evidence

Your attorney will scrutinize the prosecution’s evidence to identify weaknesses or inconsistencies. For example, inconsistencies in witness statements or errors in evidence collection can undermine the prosecution’s case.

Negotiate a Plea Deal

Plea Bargaining

In some cases, negotiating a plea deal may be a viable option. A plea deal can involve reducing the charges or penalties in exchange for a guilty plea to a lesser offense. This can be beneficial if the evidence against you is strong, but you wish to avoid the more severe penalties of a DUI conviction.

Attend DMV Hearings

Administrative Challenges

California DUI arrests trigger administrative penalties from the DMV, such as license suspension. You can request a DMV hearing within 10 days to challenge the suspension and potentially prevent or minimize the impact on your driving privileges.

Work with an Experienced DUI Attorney

Legal Expertise

A skilled DUI attorney can provide invaluable assistance in navigating the legal system. They can assess the strengths and weaknesses of your case, develop a defense strategy, and represent you in negotiations and court proceedings.

Building a Strong Defense

An attorney will help build a strong defense by challenging the evidence, questioning the procedures followed, and leveraging their legal knowledge to seek a favorable outcome.

Consider Potential Defenses

No Evidence of Impairment

If there is insufficient evidence to prove that you were impaired while driving, this can be a basis for dropping the charges. For instance, if you passed all field sobriety tests or there was no noticeable impairment in your behavior, this can support your defense.

Procedural Errors

Errors in the handling of evidence, improper procedures, or violations of your rights can provide grounds for challenging the charges. For example, if the arresting officer failed to follow proper protocol, this could weaken the prosecution’s case.

Prepare for Trial

If the Case Goes to Trial

If the charges are not dropped and the case proceeds to trial, your attorney will prepare a robust defense strategy. This may include presenting evidence, cross-examining witnesses, and arguing legal points to persuade the judge or jury to acquit you or reduce the charges.

Contact Nana Knight for a Free Case Evaluation

Dealing with a DUI case? You need expert help by qualified professionals who know how to work the system to your advantage. Our team at Knight Law has won countless DUI cases and can give you a great shot at a positive result.

Don’t wait, call (408) 877-6177 for a free consultation about your DUI case today.