Orange County Drunk Driving Arrest
For anyone to be arrested for a DUI, the first condition that needs to be met is by the law enforcement officer. They must suspect an individual is driving under the influence of alcohol or drugs. The officer becomes suspicious due to observing erratic behavior of the vehicle, such as headlights off, swerving, disobeying traffic signs, almost striking an object, turning abruptly or illegally, speeding, or driving significantly below the speed limit. After observing the erratic behavior, the officer decides there is probable cause to stop the vehicle. There must be probable cause for law enforcement to pull the vehicle over. Probable cause is the reasonable belief that someone has committed a crime.
Once the vehicle has been pulled over, the officer will watch the driver for signs of intoxication. They will look for slurred speech, bloodshot eyes, the smell of alcohol on the driver’s breath, unable to speak clearly, or confused speech. At this point the officer will ask to see their driver’s license and registration. Again, the officer will be watching how the driver behaves while getting their driver’s license and registration – do they know where their registration is; can they get their driver’s license out of their wallet. It is possible the officer may ask several questions, the driver has the right to refuse to answer.
If the law enforcement officer believes the individual is under the influence of alcohol or drugs, they will ask the individual to step out of the car. As the driver exits the vehicle, the officer will be watching how the driver behaves – can they get out of the car without assistance; are they able to stand without leaning on the car for support. Once outside the vehicle, the officer will ask the driver to perform a field sobriety test. The driver has the right to refuse. It is not mandatory for the driver to submit to a field sobriety test. If the driver performs the test, the officer will check to see if they follow directions, maintain their balance and coordination.
At this point the officer has had the opportunity to observe the individual – first while driving the vehicle; after pulling the vehicle over; their behavior after exiting the vehicle. Now the officer will decide whether to take the individual into custody and place them under arrest. As part of the arresting process, the officer must read Miranda Rights to each individual they are arresting. Miranda Rights inform the individual they have the right to remain silent, they have the right to an attorney, and they have the right to have the court appoint them an attorney if they cannot afford one. These rights must be read to anyone being arrested and taken into police custody.
Once arrested, the individual is taken to the police station where they are booked and given a chemical test.
The booking process involves the individual being fingerprinted, photographed, and asked their legal name and date of birth. Additionally, any personal property is taken away from the individual and stored. Next, the individual will take a chemical test to determine their blood alcohol concentration (BAC). If the result of the BAC is 0.08% or higher, they are considered intoxicated according to California law. If the individual refuses to take the chemical test, their driver’s license may automatically be suspended. It is mandatory for anyone driving in California to submit to a chemical test.
The individual will be able to leave the police station once the booking process is finished and they have posted the required bond. It is possible that the individual’s vehicle was impounded or towed. It is strongly advisable that the individual not answer any questions posed by the officers and contact an experienced Orange County DUI attorney immediately after being arrested.
A DUI arrest can turn an individual’s life upside-down. If you have been arrested in Orange County for a DUI the most important decision you can make is getting an experienced DUI lawyer. A skilled lawyer will protect your rights and provide an aggressive defense to fight the DUI charges. At Coffey & Coffey we can represent you concerning the DUI criminal charges as well as with the DMV hearing. Time is a critical factor with the DMV since there are only 10 days to request a hearing and keep your driver’s license from being suspended.
