Getting pulled over for suspected DUI (Driving Under the Influence) can be an overwhelming and stressful experience. California has some of the strictest DUI laws in the country, and the penalties for a conviction can be severe. However, understanding what happens during and after a DUI stop can help you navigate the situation with more clarity and control.
The Traffic Stop
It all starts with the flashing lights in your rearview mirror. Whether the officer pulls you over for swerving, speeding, or a broken taillight, they are observing your behavior from the moment you stop. When the officer approaches your vehicle, they’ll ask for your license, registration, and proof of insurance. They may also start asking questions about whether you’ve been drinking or where you’re coming from.
Field Sobriety and Breath Tests
If the officer suspects you’re under the influence, they’ll likely ask you to perform a field sobriety test. This could include walking in a straight line, standing on one leg, or following an object with your eyes. While these tests are designed to gauge impairment, they can sometimes be subjective, and factors like nerves or medical conditions can affect your performance.
In California, you’re also likely to be asked to take a preliminary breath test (PBT) using a handheld breathalyzer. This test measures your blood alcohol concentration (BAC) and helps officers decide whether to make an arrest. While you can refuse this roadside test if you’re not yet under arrest, doing so might raise suspicion.
Arrest and Chemical Testing
If the officer determines there’s probable cause, you’ll be arrested for DUI and taken to the station. At this point, you’ll be required to submit to a chemical test—either a breath or blood test—to measure your BAC. California’s implied consent law means refusing this test after arrest can result in harsher penalties, such as a one-year license suspension.
The Booking Process
After your arrest, the booking process begins. You’ll be photographed, fingerprinted, and placed in a holding cell. Depending on the circumstances, you may be released on bail, on your own recognizance, or required to remain in custody until your arraignment. If you’re released, you’ll receive a notice to appear in court. This is when you’ll formally hear the charges against you and enter a plea.
Understanding DUI Charges
If your BAC was at or above the legal limit of 0.08%, you’ll face DUI charges. However, California also has a zero-tolerance policy for drivers under 21 and stricter BAC limits for commercial drivers. Even if your BAC is below the limit, other evidence of impairment—such as poor driving or failed sobriety tests—can still lead to charges.
Potential Penalties
A first-time DUI conviction in California can result in penalties such as fines, mandatory DUI school, probation, and a driver’s license suspension. Aggravating factors, like having a minor in the car, causing an accident, or a very high BAC, can lead to enhanced penalties, including jail time.
What You Can Do
If you’re arrested for DUI, the most important thing you can do is contact an experienced attorney. They can help you understand your options, evaluate the evidence against you, and potentially reduce or dismiss your charges. A DUI arrest doesn’t automatically mean a conviction—there are many defenses an attorney can use, such as challenging the legality of the stop, the accuracy of the breathalyzer, or the validity of the field sobriety tests.
Final Thoughts
While a DUI stop and arrest are serious matters, understanding the process can help you stay calm and make the right choices. Knowing your rights, cooperating respectfully with law enforcement, and seeking legal help are the keys to protecting your future. If you or someone you know is facing a DUI charge in California, contact Horizon Legal Group for expert guidance and support. Let us help you fight for the best possible outcome.