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September 4, 2017 | admin What Happens Immediately After a Los Angeles DUI Arrest
Being arrested can be a scary, unsettling experience, especially if you’ve never been arrested before. People who are taken into police custody often are not sure what’s happening and don’t know what they should do. They also may not understand why they’re being arrested, and chances are they don’t know what kind of legal ramifications will result from the arrest.
Here’s what happens during and immediately following a Los Angeles DUI arrest. Hopefully you will never be arrested for DUI, but if this does happen, it can be somewhat helpful to know what you might expect from the experience. Remember, you can be arrested for being drunk, or for driving erratically and being in possession of drug paraphernlia, such as bongs, vaporizers, cbd vape pens, etc.
Taken Into Custody for DUI
The first step leading to a DUI arrest is typically a traffic stop. It’s important to remember that if you’re stopped under the suspicion of driving while intoxicated, this doesn’t mean a conviction. A DUI conviction can only occur after a plea has been entered: guilty, not guilty, or no contest. In most cases, there will be a trial once the plea is entered, and the results of the trial determine whether you’re convicted.
If the officer or officers who pulled you over on suspicion of DUI determine that you’re intoxicated, you will be arrested or taken into custody. There are a few ways that police officers can make this determination. They include:
- The officer has observed signs of intoxication, such as disorientation, slurred speech, watering eyes, and/or a strong smell of alcohol.
- You have failed to pass a field sobriety test. Approved Los Angeles field sobriety tests include horizontal gaze (following an object with your eyes), walk-and-turn (walking heel to toe in a straight line), and one-leg stand.
- You have submitted to a breathalyzer test, and the results indicate that your blood alcohol level (BAL) is over the California legal limit of .08 percent.
- You have made statements that the officer determines as an indication that you’re intoxicated, or as a confession that you’re intoxicated.
Upon Being Arrested for DUI
Once you’ve been arrested and taken into custody, you will have to accompany the officers in their car, leaving your car where it was pulled over. In some cases an officer will allow a sober passenger to drive your car away if you have one, but this is up to the officer’s discretion. More likely, the vehicle will be towed at your expense, and you’ll have to make arrangements to pay for the tow and retrieve your vehicle once you’re released.
When you reach the police station with the officers, you’ll be asked to take an additional BAC (blood alcohol content) test, either by breathalyzer or blood draw. At that point, you will be booked for DUI and placed in holding.
Release From a DUI Arrest
As long as you’re not being charged with a felony in addition to the DUI charge, you’re likely to be released the morning following the DUI arrest. While spending the night in jail can be a scary experience, it’s also an unfortunately common occurrence that many people have experienced. Once you’re released, you will need to pay for vehicle towing and overnight storage, and you’ll need to learn where your vehicle has been impounded in order to pick it up.
What to Do After You’re Released from a DUI Arrest
For most people, leaving the police station after they’ve been arrested for DUI is a harrowing and confusing experience. Immediately upon release, you may feel disappointed, distraught, or afraid, and you may not be sure what steps you should take next. A common instinct is to push the arrest to the back of your mind and resolve to deal with the problems you’re facing at a later time.
But while DUI is one of the most common Los Angeles criminal offenses, it’s important to deal with your arrest as promptly and efficiently as possible. You will be facing a number of deadlines in order to make sure your rights are protected, such as scheduling a hearing at the DMV regarding the potential suspension of your driver’s license. This hearing must be scheduled within 10 days of being arrested, or your right to a hearing will be lost.
Other than scheduling your Los Angeles DMV hearing, you should request any evidence in your case that may have been turned over to the district prosecutors by the arresting officer. This evidence may include such things as breathalyzer or blood test results, audio or video surveillance from body cameras, and police reports.
If you’ve been arrested for DUI, one of the most crucial steps you should take is to contact a Los Angeles DUI attorney at the earliest possible time. An experienced DUI lawyer will move swiftly on your behalf, ensuring that the proper steps are taken to protect your Constitutional rights and give you the best chance at a positive outcome for your case. Don’t hesitate to contact an experienced DUI attorney in Los Angeles immediately if you’ve been arrested.