CALIFORNIA CRIMINAL LAWYERS

Los Angeles DUI Police Procedure

What to Expect During a Drunk Driving Investigation in Los Angeles

If you see flashing lights behind you while driving, and you are pulled over, it might be your first time being investigated for any offense. Getting arrested for drunk driving can be a completely foreign experience to you. In most cases, individuals facing drunk driving charges have no prior criminal history, which causes panic and uncertainty on what to expect.

Driving under the influence (DUI) is the most common type of police investigation in Los Angeles County. Law enforcement officers go through extensive training before they are deployed to the streets to conduct DUI investigations. Specific procedures are followed by law enforcement officers when conducting these types of investigations.

Reasons for Vehicle Stop

Firstly, it is important to note that law enforcement can only stop your vehicle if they have reasonable suspicion to do so. You are supposed to be free to conduct your affairs until law enforcement can justifiably believe that a crime has, is, or is about to be committed. Therefore, a lawful reason is a basic requirement to stop your vehicle.

In most cases, driving infractions, such as speeding, failure to signal, running a red light, and driving without headlights at night, are commonly used by police to stop vehicles. If law enforcement officers smell intoxicants or note slurring of speech, it is an indication of driver impairment and they can proceed to conduct a DUI investigation. Alternatively, if drivers weave in and out of traffic or change speeds erratically, they signal an unsafe situation which calls for action from law enforcement officers.

Challenging a Lawful Stop

If a lawful suspicion to stop your vehicle is not present, Todd Spodek, a seasoned Los Angeles DUI lawyer, can ask for evidence against you to be dismissed. If the court concurs, the case can get dismissed entirely. Through this rule, the courts safeguard an individual’s constitutional Fundamental Rights from police’s purposeful infringement.

DUI Investigations

When investigating a drunk driving offense, law enforcement has to adhere to specific procedures within the investigation process. Firstly, they conduct field sobriety tests, which dig into impaired driving significantly. Officers perform the walk and turn, one-leg stand, and the horizontal gaze nystagmus (HGN) tests. Inversely, these tests have specific techniques that officers must follow. An officer’s deviation in applying the correct technique may invalidate the test results.

Arrest and Charging

After the sobriety tests, law enforcement may decide to arrest you for drunk driving. You are then placed in handcuffs and taken to the police station. Miranda warnings are not given to suspects typically in DUI cases, but you should know your constitutional rights to refuse answering police questions. Cooperation when requested to perform field sobriety and chemical tests is advisable. Still, you may assert your right not to answer questions like where you are headed and how much you have had to drink while being questioned.

A chemical test right reading is done after being placed in the station. The test requires that you take a chemical test; a refusal results in license suspension, whether or not you are guilty of drunk driving. You are given a choice between a blood or breath test.

Usually, the law enforcement officer takes your driver’s license right away. Chances are, you are likely to spend the night in jail awaiting release the next day or remaining in jail until you appear before a judge.

Table 1: DUI Investigation Procedures in Los Angeles

Conclusion

Since a DUI arrest could adversely affect your life, seek legal advice from Todd Spodek, an experienced Los Angeles DUI lawyer. With a keen understanding of the complexities of DUI investigations and court cases, Todd Spodek can provide legal representation that defends your rights, minimizes the impact on your life, and in some cases, secure a dismissal of the criminal charge.