CALIFORNIA CRIMINAL LAWYERS

Probable cause in a Los Angeles DUI

Reasonable Suspicion for a DUI Arrest: What You Need to Know

Introduction

As a driver in California, it’s essential to understand your rights and responsibilities when it comes to DUI investigations. One of the most critical aspects of a DUI investigation is the police officer’s reasonable suspicion for stopping your vehicle, and probable cause for making a DUI arrest. As a Los Angeles DUI attorney, Todd Spodek, we can help you explore the nuances of the laws and aggressively defend you against any DUI charges.

The Initial Assessment:

Typically, a police officer can only stop a motor vehicle if they have reasonable suspicion that a crime is being or has been committed. After stopping the vehicle, the officer is allowed a brief detention to conduct an investigation that is limited in scope, which might include a DUI investigation. During the initial assessment of the driver, the investigating officer is likely to be looking for common signs of intoxication or drug impairment like bloodshot and watery eyes, slurred speech, or the odor of an alcoholic beverage or drugs.

Field Sobriety Testing:

If the officer observes signs of intoxication, they will ask the driver to exit the vehicle and perform a series of standard field sobriety tests. The tests typically include the horizontal gaze nystagmus test, walk a straight line and a return test, the one-legged stand test, and a breath test using a portable testing device. Although the tests are not mandatory typically, drivers must take the preliminary screening alcohol test known as the “PAS” test at the roadside, pursuant to California’s implied consent laws.

Breath Testing vs. Blood Testing:

If the police officer concludes that they have probable cause to arrest the driver for DUI, the driver will be required to take a breath test using a breathalyzer machine or risk losing their license. Breath testing is usually the preferred testing method for police officers as it is less invasive and less prone to legal challenges. However, a suspected DUI driver can refuse the breath test or choose a chemical blood test instead. If the arresting officer persists in wanting to determine the blood alcohol content of an arrestee, a search warrant can be sought from a judge. An arrestee’s failure to cooperate with blood testing pursuant to a search warrant will probably result in additional charges.

Dismissal by Motion:

When facing a DUI charge, contacting a seasoned and aggressive Los Angeles DUI attorney like Todd Spodek is critical. If the DUI arrest is arbitrary or lacks probable cause, our law firm may file a motion to quash your arrest and suppress any evidence illegally seized during the arrest. If that motion is granted, then any evidence that comes from an unlawful stop or arrest will be inadmissible. When it comes to DUI defense in Los Angeles, we are dedicated to providing our clients with the criminal defense representation possible.

In Conclusion

A DUI conviction comes with steep penalties, including jail time, extensive fines, license suspension, and mandatory DUI classes. By getting help from an experienced and knowledgeable Los Angeles DUI attorney, you can fight back against the DUI charges and protect your constitutional rights. When facing a DUI charge, call our law firm for a free consultation and case evaluation right away. Our Los Angeles DUI attorneys are dedicated to helping you win your case and avoid a DUI conviction.