Typically when you are arrested for DUI an officer will pull you over for some reason or another weather it be for a vehicle code violation or an observed pattern of driving that leads them to believe you are intoxicated.
The initial investigation usually consists of an officer asking you where you are heading, where you are coming from, and if you have had anything to drink.
If an officer believes you are intoxicated he will ask you to participate in a series of Field Sobriety tests these are optional and you have no obligation to do them.
They usually consist of a Horizontal gaze nystagmus test, Walk and Turn test, and the One Leg Stand. or some variation of these
As the name suggests this is. a preliminary test to get an estimate of your blood alcohol level at the time of driving it is not mandatory and you do not have to provide a sample.
The officer will advise you that you are under arrest and what you are under arrest for.
Pursuant to the California Vehicle code this test is mandatory and is done after your arrest. You are afforded the choice of Blood or Breath. The Blood test is preserved and can be tested by your lawyer as the case proceeds however it is also available for the DA to test for more than alcohol. The breath test is instant and non invasive.
After your arrest you will likely be booked into the jail you will either be released with a court date in the morning or you will have to post bail in order to be released. If neither of these happens you must be brought before a judge within two court dates of your arrest to be arraigned. .
If you retain us you will likely not need to be present at your first court date unless you are charged with a Felony.
For a first time DUI you will likely face up to 180 days in County Jail and three years of informal probation, you will have to attend DUI classes and have your license suspended.
Contact us today for a free consultation to discuss your case and learn more about how we can help you protect your rights.