DUI Process
DUI Traffic Stop
The DUI (driving under the influence) process begins when California Law Enforcement has reason to believe that a person is operating his/her motor vehicle while under the influence of drugs and/or alcohol. Law enforcement may suspect that a person is driving while impaired if the person is driving recklessly or disobeying traffic laws. If a person is speeding, driving too slow, making wrong turns, weaving into the wrong lanes, or ignoring traffic signs, law enforcement may decide to make a traffic stop.
Once a driver has been pulled over for suspected driving under the influence, law enforcement will examine his/her physical appearance and mental responsiveness. If the person exudes signs of intoxication, such as slurred speech, inability to answer questions, or bloodshot eyes, law enforcement may ask the person to submit to a blood alcohol test and field sobriety tests.
Blood Alcohol and Field Sobriety Tests
In California, both the blood alcohol test and field sobriety tests are voluntary. A person can refuse to submit to testing. However, if a person refuses to submit to the blood alcohol test, his/her driver’s license will automatically be suspended.
The person’s blood alcohol level is usually determined by a breath test. Law enforcement will ask the person to blow into a handheld device and the device will report the person’s blood alcohol concentration (BAC). If the person has a BAC of 0.08% or higher, he/she is considered intoxicated according to California State Law. A BAC of 0.08% or higher usually provides sufficient grounds for law enforcement to make a DUI arrest.
DUI Arrest and Your Rights
If law enforcement has enough probable cause (reasonable doubt) they can arrest a driver for DUI. A high blood alcohol concentration and/or failure of the field sobriety tests can lead to a person’s arrest. When the person is arrested, the officer will read the person his/her Miranda Rights. Miranda Rights inform the person of his/her right to remain silent, right to an attorney, and right to have an attorney appointed to him/her. If law enforcement fails to read the person his/her Miranda Rights, anything the person may have said before their arrest will be inadmissible in court. Once the person is arrested, he/she will be taken to the police station for booking and will be asked to submit to another blood alcohol test, which is mandatory.
After a person is arrested, the best thing he/she can do is to contact a DUI defense attorney. A DUI defense attorney can advise the person of his/her rights, represent the person at his/her arraignment, and start investigating the facts surrounding the person’s case immediately. Without the aid of a skilled DUI defense attorney, people stand little chance of defending them selves against their DUI charges in court.
San Bernardino and Riverside DUI Defense Attorney
The Law Office of Michael J. Holmes is a leading DUI defense firm servicing San Bernardino and Riverside Counties. Michael J. Holmes is an experienced defense attorney who is dedicated to helping his clients successfully fight their DUI charges. Attorney Holmes has handled countless DUI cases and he understands the complex nature of DUI charges. As a knowledgeable defense attorney, Michael J. Holmes knows how to build a winning case based upon the facts. With most cases, Attorney Holmes is able to refute evidence presented by state prosecutors because he once served as a prosecutor. With Attorney Michael J. Holmes on your side, you can fight your DUI charges and move forward with your life.
If you have been charged with DUI in San Bernardino or Riverside, call the Law Office of Michael J. Holmes at (888) 393-4LAW today! For your convenience, the Law Office is available 24 hours a day and weekend appointments are accepted. Your initial consultation is FREE.
Contact the Law Office of Michael J. Holmes!
The Law Office of Michael J. Holmes is proud to provide aggressive legal representation for DUI clients in San Bernardino, Riverside, San Diego, Los Angeles, and Orange County. |
