The California DUI arrest process starts like any other moving violation does, but in the end is a complicated process. The process requires that the officer follow all of the proper procedures down to the last details, some of which the driver may be unaware of. Those who specialize in this area are very familiar with the details as well as the most common procedural mistakes.
The driver is pulled over after a police officer notices a discrepancy in the movement or status of the vehicle. It may be that the driver crossed the yellow line, was speeding or actively committing some other form of driving discrepancy. It may simply be that the license plate tags were expired.
The first thing an officer is going to do is approach the vehicle and ask for identification, registration and possibly even proof of insurance. As the driver gathers the documents, the officer will likely take note of the environment of the vehicle as well as the driver’s dexterity, articulation and response time.
The officer may note an odor of alcohol or the driver’s delayed response time. If so, they may ask the driver to step out of the vehicle and participate in a field sobriety test or submit to a BAC or blood alcohol test. One of the most difficult parts of this process for the driver is the nervousness that comes from not knowing what the purpose or parameter of these tests is. The average citizen is probably unaware of the criteria involved in passing any of these tests. The fact that the driver usually doesn’t even know which part of these tests is admissible in a California court of law usually causes some distress.
To some extent, the officer is able to use their discretion when it comes to probable cause or the driver’s response to the field sobriety test. Perceptions do fluctuate, so experiences with different officers are going to fluctuate as well. Even if the charges are unwarranted, it can be difficult to convince a judge of that fact without extensive knowledge of the law.
Drivers who are arrested and charged with a DUI, can expect the process to follow a specific order. The driver will be handcuffed, placed in the rear of the police and read his or her Miranda rights. Their vehicle will most likely be taken to the impound yard.
Once in the jail, the driver will be searched and deprived of some of his or her personal items before being booked. The booking process includes being fingerprinted, photographed and being asked for personal information, such as aliases and identifying marks. Once the arrest is complete, the driver will be sent to a cell and at some point be offered a local phone call.
Drivers arrested for a DUI may have a bond set or be released after they appear to be sober, depending on prior convictions, current behavior and the latitude extended by the current judge or magistrate.
