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.

Last week, I was surprised by this DUI roadblock in Los Angeles, California and unfortunately, I was arrested for drunk driving. How can I dispute the legality of the DUI checkpoint?

Brice

Los Angeles, CA

Law enforcement officers and attorneys who are arguing for the State throughout the implementation of DUI roadblocks disagreed that the State’s interest was specifically intended to stop drunk driving. Consequently, the legality of DUI roadblocks has been upheld. But just recently, law enforcement and prosecuting attorneys have bragged publicly that DUI roadblocks yield an astronomical amount of revenue from traffic infractions discovered after stopping vehicles at DUI checkpoints.

DUI roadblocks usually yield approximately four DUI arrests and even less DUI convictions. Law enforcement officers have guidelines that they would have to follow in implementing these DUI roadblocks. The DUI roadblock guidelines include a specific method of selection of vehicles, insurance that intrusion on the motorists is kept to a minimum, providing a written set of actions outlining the procedures of the DUI roadblock and proper lighting and notification requirements on the roadway so as not to startle motorists. If the police officer failed to adhere to these requirements upon arresting you in a DUI roadblock in Los Angeles, California, this would often result in evidence being excluded.

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.