Orange County DUI – Your DUI Arrest
The DUI investigative process typically starts with an officer’s observation of a traffic infraction or suspicious driving symptoms. In some cases, the initial investigation is triggered by a traffic accident or a DUI roadblock, also referred to as a “sobriety checkpoint”. The officer will conduct an initial interrogation. This will be followed by a series of field sobriety tests. Some of these tests are difficult to pass for sober members of the general public. In many instances the officer will also fail to inform the suspect that the tests are not required by law: the individual is free to refuse to perform them.
The officer will follow the field sobriety tests with a request that the suspect submit to a breath-alcohol test, using a small, handheld instrument called a PAS (preliminary alcohol screening) device. Note: unless the suspect is under 21, he is not required by law to submit to this test unless he is already lawfully under arrest.
If after the interrogation, field sobriety tests and PAS breath test, the officer feels he has reasonable suspicion to believe the individual is under the influence of alcohol or drugs, or has a blood-alcohol level of .08% or higher, he will arrest the suspect and transport him to the station for further chemical testing.
The officer will inform the suspect of his obligation to submit to a breath alcohol test or blood testing. If (1) a breath test result is .08% or higher, or (2) a blood sample is drawn for later lab analysis, or (3) the suspect refuses to take a chemical test, then the officer will confiscate the driver’s license and he will issue a Notice of Suspension. If the individual was a first time offender, their license will be suspended for four-months. A second time offender (within the previous 10 years) will receive a one-year suspension, as will anyone refusing to submit to chemical testing.
The individual now faces two separate proceedings. The first is the license suspension California Department of Motor Vehicles hearing which is administered by the DMV at one of their Driver Safety Offices. Note: The individual, or preferably his attorney, must contact the DMV within 10 days of the arrest to schedule a hearing. Should either fail to contact the DMV within ten calendar days, the right to a license suspension hearing is forfeited and the suspension will automatically take effect 30 days after the arrest.
The second proceeding is the criminal prosecution. Unless there is no blood-alcohol evidence, the individual will be charged with two offenses: driving under the influence of alcohol and/or drugs, and driving with a blood-alcohol concentration of .08% or higher (the so-called per se offense) . If no chemical test evidence is available, only the DUI offense will be charged. An accused can be convicted of both offenses, although he can only be punished for one (the penalties are identical). There will be an initial arraignment; assuming a plea of “not guilty”, there will be a number of pre-trial hearings after that and, if no disposition is reached, a trial. The accused is generally not required to be present in court for the arraignment and hearings if he is represented by a lawyer.
An experienced and specialized DUI defense attorney is highly recommended. Many individuals will hire unqualified criminal attorneys or general practitioners, with little or no limited training in the complex and highly technical area of DUI litigation, involving chemical testing and both administrative and courtroom procedures. Choosing a lawyer is the most critical step in avoiding California’s harsh DUI laws and penalties.
For further information about about DUI defense generally and the Law Offices of Lawrence Taylor specifically, see Mr. Taylor’s DUI law videos.
