CALIFORNIA CRIMINAL LAWYERS

Los Angeles DUI Arrests

DUI Arrest: What Happens After a Law Enforcement Officer Believes You Committed Drunk Driving

Driving under the influence (DUI) is a grave offense, which is why it is part of a law enforcement officer’s role to investigate when someone is suspected of breaking the law. When a law enforcement officer suspects a person has committed a drunk driving offense, they usually make an arrest. Once the person is arrested for DUI, investigating officers can carry out a chemical or blood test to confirm the suspicion. The arrested individual can take a chemical test at the police station or visit a hospital or nurse for a blood test.

In Los Angeles, Todd Spodek, a reputable DUI lawyer, knows that an arrest can only take place under certain circumstances. Law enforcement officers must have probable cause, meaning they have to reasonably believe that the person has committed drunk driving to take that person into custody.

The officer also needs reasonable cause to make a traffic stop. To make an arrest, the officer needs more evidence than a traffic stop. However, the law requires that they have probable cause in both cases to believe that the detainment is justified.

Sometimes a law enforcement officer begins investigating what they believe is only a traffic violation. For instance, the officer may notice that a person fails to stop at a stop sign, drives above the speed limit, or exceed the speed limit. They might chat with the person in the car about the traffic violation. At times, the conversation may turn into an investigation for drunk driving. This can happen if the officer observes that the person has bloodshot eyes or slurred speech, which gives them enough reasonable cause for a drunk driving investigation. If the investigation shows that the person most likely drove drunk, law enforcement can make the arrest legally.

An investigation into whether a person has driven under the influence involves observing the person for watery or bloodshot eyes. The officer may ask the person if they’ve had anything to drink that day, although answering this question is voluntary. The officer may also ask the driver to perform field sobriety tests after getting out of the vehicle. Although a driver has the right to refuse to do the tests, most states allow the state attorney to inform the jury of the refusal.

A law enforcement officer can ask a person under investigation to take a preliminary alcohol test, also called a Preliminary Alcohol Sensor or PAS instrument, but it is not compulsory except for individuals on probation or those under the age of 21.

If the police decide to make an arrest for drunk driving, they place handcuffs on the person and take them to a law enforcement agency for custody. They can either release the vehicle to a sober person or tow it. If the vehicle is legally parked, the driver may be allowed to leave it there.

At the station, the arrested person has the option to take a blood or breath test. A person that refuses the test can have their license suspended for one year, even if never convicted of drunk driving. When the test is completed, the person typically spends a night in jail, but some may post bond and appear in front of a judge later, while others may appear in front of a judge immediately.

In conclusion, if you are facing drunk driving charges, it is vital to work with an experienced and skilled lawyer like Todd Spodek to evaluate the arrest and detention in your case.