I just got my driver’s license and pretty curious about road regulations here in Los Angeles, California. What are the usual procedures if you get pulled over for drunk driving?

Samantha

Los Angeles, CA

It’s great to know that there are people who want to learn more about the consequences of driving under the influence. This is really helpful in educating young drivers especially in Los Angeles, California about driving responsibilities. In cases where one gets arrested for drunk driving, the person may be taken into police custody. The person will then undergo a process we call “booking”. During this process, the police officer usually takes the person’s personal information as well as search for criminal records if there’s any. The alleged crime information will then be recorded and personal properties may be confiscated such as keys and purse, in which should be returned upon the person’s release.

After this, the person may be placed in jail not unless a bail is already decided and paid. The bail amount may be predetermined, through predefined “bail schedule,” or the judge may set a monetary figure based on the gathered criminal records of the suspect. If granted by the court, the person may seek “own recognizance” release, where bail money is not needed. The suspect is then merely released after promising, in writing, to appear in court for all upcoming proceedings. Then, that will be the time that the person seeks legal assistance and hires a DUI lawyer to appear and defend him on court proceedings.

A DUI arrest and conviction is not a minor offense. This may actually lead to negative impacts on auto insurance that you may have. I also suggest that you can check on line websites to check for available post DUI insurance. You can check out premium rates as well as free quotations on this site.

In Los Angeles, California, would it really help if law enforcement officers would be tough in DUI arrests or it would not make any difference?

Nico

Los Angeles, CA

Car culture, obviously, increases in Los Angeles, California so vehicle sales have been shooting through the roof. A lot of people are owning a car and one problem with it is that the roads are not correspondingly increasing. But if this would happen, everyone will be driving like those F1 drivers on the roads. There are also those drunken motorists who drive breakneck speeds in the middle of the city. As we all very well know, drinking and driving would never go hand in hand. A motorist could be convicted for DUI if the blood alcohol level is 0.08% or more.

This would simply put tremendous social pressure on the law enforcement agencies to make the necessary DUI arrests. After all, driving under the influence is a criminal offense and could be considered a social menace. This would somehow force the law enforcement agencies to get tough on DUI arrests. In my honest opinion, getting tough in DUI arrests are being beneficial in slowly, but still, reducing the social problem.

If my sister would be released from jail after being arrested for drunk driving in Los Angeles, California, what do you think is the best thing that she would have to do first and does she need to hire a DUI lawyer?

Sylvester

Los Angeles, CA

Once your sister has been released from jail after being arrested for DUI in Los Angeles, California, the very first thing that she would have to do is to write down everything that she can remember about the night of the drunk driving arrest. These things would include what she was doing and where she was before driving, how much she had to drink, how long after drinking when she was arrested, how the officer behaved and any instructions given to her, what the officer said to her, where she was pulled over, when and if she was read her Miranda rights and when she took the blood alcohol test and how long it had been since she drank. She has to write down everything that she can think of, even if it doesn’t strike her as relevant.

You actually have already mentioned what to do next. Yes, your sister needs to hire a DUI lawyer. She needs and deserves an experienced DUI defense lawyer who will fight for her rights. The single most important thing that she can do for herself is to find a qualified lawyer who knows California DUI law.

I had a little drink and I didn’t have a choice that I had to drive a friend home after a party here in Los Angeles, California. She had too much alcohol that she can’t even walk. I was able to get her home safe but just in case in the future that I didn’t have a choice to drive again after drinking and get arrested, can I refuse a blood alcohol test? If not, do I have a choice which blood alcohol test I could take?

Forrest

Los Angeles, CA

If in case in the future you will be asked to pull over because of a DUI suspicion in Los Angeles, California, you cannot refuse to take the blood alcohol test if you are asked to do so by the police officer and this is because of the implied consent law. Under the implied consent law, the police officer should warn you about the consequences of refusing to take the blood alcohol test. Your driver’s license will be suspended immediately for one year if you refuse to take the test.

The three tests to determine blood alcohol content are blood, urine and breath tests. You actually do have a choice of which one of these three tests you will take, although recently, the law has been changed to allow the urine test to be discontinued by the police because of the problems associated with it. If one test is somehow unavailable, that is the only time your ability to choose which test you take can be legally restricted. You should then take the other if that is the case. The police officer is required to tell you of your options. But the decision as to which test to take is up to you.

I just want to be cautious because I often times drive myself after a little drink. What reason that an officer in Los Angeles, California could arrest me? I also want to know if I have to consent to the field sobriety tests.

Martha

Los Angeles, CA

Police officers in Los Angeles, California must have probable cause or reasonable suspicion that a person is driving under the influence before they can be asked to pull over. An officer may be able to suspect that a person is impaired by alcohol or drugs if he/she is engaging in uncharacteristic driving behaviors. These uncharacteristic behaviors could include disobeying traffic signals, making irregular stops, speeding and swerving.

If you were asked to pull over because of a DUI suspicion in Los Angeles, California, you actually do not have to consent to field sobriety tests. In many DUI cases, a police officer would not tell you of your right to refuse to submit to the field sobriety tests. But it could be in your best interest not to consent to these tests because they tend to be inaccurate and you are not obligated by law to do so.

My son just got arrested for DUI . We decided to hire a DUI lawyer and my husband is the one who usually deals with the lawyer regarding my son’s case. What are the possible defenses that he could have on his DUI case?

Monica

Los Angeles, CA

There are many lawyers in Los Angeles, California, but there are only few who are well experienced in DUI cases. I hope the lawyer that you got to defend your son on his DUI charge has a lot to boast on defending DUI cases. A good DUI lawyer knows every aspect of defense to get an acquittal or at best a reduced sentence. He/she needs to be well informed of the different tactics that can be used to make your son’s case have a good outcome. Honest and good communication is necessary between the DUI lawyer and your son to ensure a comprehensive knowledge of the events that have occurred.

A good DUI lawyer needs to go over each item that can be used in your son’s defense. The defenses that the DUI lawyer will use relate to matters such as:
-If your son’s constitutional rights have been breached
-If the police officer concerned followed the correct procedures
-If you son was read his rights when the police officer made the DUI arrest
-If the blood and alcohol level tests were properly carried out
-If the equipment used to monitor blood alcohol levels was maintained and in good working order

An experienced legal expert in the field of DUI Law would know exactly what to look out for and would be aware of the various loopholes that can mean the difference between a successful charge or dismissal of charges.

My older sister has just been charged with DUI here in Los Angeles, California. The lawyer said that she stands a big chance of getting the charges dropped and that’s good news for her. But I just want to know, what are the things that I must do if I am caught drunk driving?

Vanessa

Los Angeles, CA

It would be a good lesson for you and your sister not to drink and drive again since she was already charged with DUI. But in case it is unavoidable and if you will be caught drunk driving in the highways of Los Angeles, California, it would also be good to know what you must do.

First is that you can decline in a polite manner from answering questions without your lawyer around. You have to remember that the police report will contain only self-incriminating statements. Don’t undergo any sobriety tests on the field since this is not a requirement of the law. Unless you are younger than 21 years of age, you can refuse to undergo a hand-held breath test that is required by law if you are younger than 21. My advice is that you can agree to undergo a required breath test for evidence if you are confident that your blood alcohol level is below 0.8 percent. Lastly, make sure that your lawyer calls the Department of Motor Vehicles (DMV) Driver Safety Office not more than 10 days after the incident. Your lawyer should formally ask for a hearing to contest the suspension of your driver’s license.

A friend of mine was suspected to be driving under the influence of alcohol here in California. He already arrived home when the police arrested him. They said that they were responding to a call from a “concerned citizen” reporting that my friend had been driving while intoxicated. Does the state of California allow warrantless entry into homes of DUI suspects? I’m just curious because it doesn’t seem fair.

Lindsay

Los Angeles, CA

DUI law has long been prevalent with exceptions to the Constitutional limitations applied to most criminal investigations. I totally agree with you that this doesn’t seem fair. But our opinion will no longer matter because in California, the Supreme Court allows warrantless entry into homes of DUI suspects. Ruling 6-1 back in June 1, 2006, the California Supreme Court took exceptions to our Constitutional protections to a new level, allowing law enforcement officers to enter a DUI suspect’s home without a warrant to make an arrest.

The Supreme Court agreed with the prosecution’s claim that the possibility that the defendant could consume more alcohol (or have consumed more alcohol) during the delay and that the body’s ability to metabolize alcohol created “exigent circumstances”. They said that the body’s ability to metabolize alcohol would always result in “destruction of evidence”.