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California Law: DUI Stops
In California, police officers are only allowed to stop drivers if they have a reasonable suspicion that the driver is breaking the law or driving dangerously. Also, it is not enough for a police officer to want to pull someone over; they must have evidence that the driver is breaking a traffic law. Often, a police officer can prove that a driver is breaking a traffic law if they are speeding, swerving, or using their phone while driving. However, proving whether a driver is under the influence of drugs or alcohol is not that easy without witnessing erratic driving or finding an open container in the vehicle.
Drivers Can Report Suspected DUI
If a driver suspects another driver is under the influence of drugs or alcohol, they have the right to call 911 to report their suspicions. When a report is made over the phone, the police have the right to make a DUI stop based on the suspicion without seeing any erratic behavior, making an anonymous call. Anonymous calls are legal despite being challenged often in court. The anonymous call has helped in putting a stop to many drivers who are under the influence of drugs or alcohol.
Recording of Anonymous Calls
When an anonymous call is made to report a suspected DUI, the call is recorded. During court proceedings, either the defense, prosecution or both parties, can request to listen to the recorded 911 call report. After the recording is played, numerous people challenge if no inappropriate or erratic driving is recorded before the vehicle was stopped. If a traffic stop is invalid, then an attorney can file a motion that suppresses the evidence.
Challenging DUI Stop
If a driver is charged with a DUI, they can challenge the stop made by the police officer. An experienced lawyer handling the case can file a motion to suppress the evidence obtained from the arrest. The request is based on evidence that the traffic stop was unwarranted; the driver was not under the influence or that the arresting police officer did not follow proper procedures. It is essential to work with an attorney with ample knowledge of the law and experience working with DUI clients. An experienced attorney can challenge evidence and possibly reduce charges or sentences.
Importance of Calling a Lawyer
When charged with a DUI, calling a DUI lawyer immediately is crucial because time is of the essence. An experienced attorney needs to investigate the case immediately because evidence needs to be fresh. Hiring an attorney immediately gives the lawyer ample time to find proof that the arrest was unwarranted, you were not under the influence, or the arresting officer did not follow proper procedures. A DUI arrest can come with several penalties, including jail time, hefty fines, community service, and even losing a professional license in California.
Table: Penalties for DUI Convictions
| DUI Offense | Penalty |
|---|---|
| First DUI Offense | Fines: $390-$1,000; 4 days to 6 months in jail or both; suspension of driver’s license for 6 months, attendance of DUI school, and installation of IID (Ignition Interlock Device) |
| Second DUI Offense | Fines: $390-$1,000; 10 days to 1 year in jail or both; suspension of driver’s license for 2 years, attendance of DUI school of 18 months, and installation of IID (Ignition Interlock Device) |
| Third DUI Offense | Fines: $390-$1,000; 120 days to 1 year in jail or both; suspension of driver’s license for 3 years, attendance of DUI school for 30 months, and installation of IID (Ignition Interlock Device) |
| Fourth DUI Offense | Fines: $390-$1,000; 16 months to 3 years in jail or both; suspension of driver’s license for 4 years and designating driver as HTO (Habitual Traffic Offender) |
| Fifth DUI Offense | Fines: $390-$1,000; 16 months to 4 years in jail or both; suspension of driver’s license for five years and designating driver as HTO |
| Sixth DUI Offense | Fines: $390-$1,000; 16 months to 4 years in jail or both; suspension of the driver’s license for 10 years |
| Felony DUI (Fourth DUI or More) | 16 months to 16 years in prison, fines: $390-$1,000; revocation of driver’s license for 4 years or more; and designation of driver as HTO |
Conclusion
Driving under the influence of drugs or alcohol in California is a severe offense that could lead to serious consequences. Everyone charged with a DUI offense should call a Los Angeles DUI lawyer immediately after arrest. An attorney can challenge police procedures, suppress unwarranted evidence, and reduce sentences if evidence is against the accused.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
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