California DUI Arrest Process and Penalties
It is important for drivers to understand their rights when pulled over for suspicion of driving under the influence.

November 11, 2011 /24-7PressRelease/ -- Many California drivers are unaware of the arrest process and their own rights when pulled over on suspicion of driving under the influence.

A law enforcement officer must have probable cause to pull over a driver on suspicion of DUI. Probable cause could include a driver weaving across lanes, making sudden shifts in speed or violating any traffic laws. After approaching the stopped driver, the officer makes a determination the driver is intoxicated. Again, the officer will base this on evidence from the driver, such as alcohol on the driver's breath or slurred speech. At this point, the officer may ask the driver to participate in a preliminary alcohol screening test, or PAS. This test -- at this point -- may be refused, which is a voluntary alcohol breath test. However, the officer still has the right to arrest the driver on suspicion of DUI.

Once the driver is under arrest, has been read his or her Miranda warning and taken to the police station, the driver can no longer refuse a breathalyzer test. Chemical testing for DUI in California, like most states, is based upon the theory of implied consent, meaning it is implied that the driver will consent to such testing by virtue of the fact that he or she drives a car in the state. A refusal to submit to a breathalyzer or chemical test carries a one year license suspension. This is twice the length of suspension if the driver was charged with a driving under the influence of alcohol with a BAC of 0.08 or more.

Whether or not the driver refused, the driver charged with a DUI has 10 days from the arrest to request an administrative hearing and contest the license suspension with the DMV. The DMV will consider whether there was reasonable suspicion of intoxication, if the arrest was lawful, if the officer advised the driver that his license would be suspended or revoked for not performing or completing the test, and if the driver intentionally refused to take or complete the test. The license hearing is separate from the criminal proceedings, and a person found not guilty of the DUI may still lose his or her license for refusing chemical testing.

DUI Penalties

For a driver who submits to a chemical test, and the result was a BAC of 0.08 or more (the legal limit to drive), the driver is subject to a six month license suspension, mandatory alcohol education, possible vehicle consfiscation and the installation of an ignition interlock device. These penalties increase if the conviction is the driver's second or subsequent DUI, the driver's BAC was 0.15 or higher or there were children in the vehicle.

With severe penalties associated with a DUI, it is important to protect your rights. A criminal defense lawyer experienced in DUI cases can make sure your constitutional rights were not violated, possibly reduce license suspension times and otherwise advocate on your behalf in court.

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