DUI refers to operating a vehicle when your ability to drive safely has been compromised, whether due to alcohol, prescription medications, or illegal drugs. The law doesn’t differentiate between these substances; the critical factor is the impairment of your ability to respond to the driving environment effectively.
The consequences of a DUI conviction can be severe, affecting not just your driving privileges but various aspects of your personal and professional life. These outcomes make it essential to understand the basics of DUI laws and the complexities of how these cases are processed and adjudicated. Knowing what to expect can alleviate some of the anxiety associated with DUI charges. It can help you prepare more effectively for the legal journey ahead.
After a DUI arrest, the situation can escalate quickly, making it vital to have knowledgeable legal representation. An experienced DUI lawyer can provide crucial guidance and advocacy, helping to challenge the evidence against you and explore viable defenses. This assistance could influence the trajectory of your case, potentially reducing penalties or even leading to a dismissal.
If you or someone you know has been arrested for DUI in Los Angeles, it's important to act swiftly to protect your rights and future. Contact Lessem, Newstat & Tooson, LLP at (800) 462-7160 to schedule a consultation.
What Drivers Need to Know About CA’s DUI Laws
California's stringent DUI laws reflect the state's commitment to road safety and public welfare.
Under California Vehicle Code § 23152, it is illegal for anyone to operate a vehicle under the following conditions:
- While under the influence of alcohol to a degree that impairs physical or mental abilities.
- With a blood alcohol concentration (BAC) of 0.08% or higher if driving a passenger vehicle.
- With a BAC of 0.04% or higher if operating a commercial vehicle.
- While under the influence of any drug, whether legal (such as prescription or over-the-counter medications) or illegal substances.
- When under the combined influence of alcohol and any drug.
Understanding these legal details is crucial for anyone who drives in California. Knowledge of these laws helps drivers adhere to legal standards. It informs them of their rights and potential liabilities in the event of a DUI arrest.
Steps in a DUI Arrest
DUI stops typically begin for several reasons. An officer might pull a driver over for a moving violation, such as speeding or running a red light, or due to more subtle cues, such as erratic driving behavior or excessive noise from the vehicle.
Once the driver is stopped, the officer's primary goal is to assess whether probable cause exists to suspect impaired driving. Observations during the initial interaction are crucial; how a driver responds to questions, their ability to retrieve and hand over documents smoothly, and any physical signs of impairment are all considered.
Field Sobriety and Breath Tests
If an officer suspects alcohol or drug impairment, they may administer field sobriety tests. These tests gauge a driver's physical and cognitive abilities. For example, the Horizontal Gaze Nystagmus (HGN) test involves following an object with the eyes to detect an involuntary jerking movement, which can be a sign of intoxication. Other standard tests include the walk-and-turn and the one-leg stand, which test balance, coordination, and the ability to follow specific instructions.
Alongside field sobriety tests, a breath analysis measures the alcohol concentration in a driver's breath. Drivers can refuse this preliminary screening during a DUI stop. However, if they are arrested and asked to submit to an evidentiary breath test, refusal can lead to legal consequences, such as driver’s license suspension.
Your Rights During a DUI Arrest
You have the right to remain silent and the right to an attorney. Utilizing these rights is often in your best interest, as anything you say can be used against you in court. Politely decline to discuss your case without legal representation, even if you feel pressure to explain or defend yourself.
Charges and Initial Court Proceedings
If, during a traffic stop, an officer finds probable cause to believe that a driver is under the influence, the driver will be arrested. Following the arrest, the officer prepares a detailed report of the incident, which includes observations and evidence, such as results from field sobriety and breathalyzer tests.
This report is sent to the prosecutor's office, where a decision is made on whether to file formal charges. The decision typically occurs within 48 hours of the arrest, a critical period during which the arrested individual should seek legal counsel.
The Arraignment
The first court appearance after an arrest is known as the arraignment. During this proceeding, the judge informs the defendant of the specific charges against them, explains their rights under the law, and discusses the option of legal representation. If the defendant cannot afford an attorney, the court will appoint one.
At the arraignment, the defendant can enter a plea—guilty, not guilty, or no contest. The plea entered can significantly influence the course of the subsequent legal proceedings.
The Role of Legal Representation
Securing legal representation from the outset is crucial. A defense attorney can offer advice on how to plead based on the case's specifics and may also be able to negotiate with the prosecutor before the arraignment. Early legal intervention can increase the chances of a more favorable case outcome, such as reduced charges or alternative sentencing options that might not be available later in the process.
At Lessem, Newstat & Tooson, LLP, we help individuals in Los Angeles fight their DUI charges. Call us at (800) 462-7160 or contact us online to discuss your case.
