SLO Drunk Driving Arrest
There are certain conditions that must be present in order to arrest someone for drunk driving. The first is the police officer must have reasonable suspicion that you are driving a vehicle while under the influence. In order for this to be true, the officer must have observed you driving unpredictably. Driving that would raise suspicion would be driving with headlights off at night, erratic lane changes, almost running into an object, abrupt turning, disobeying traffic signs, or running a red light or stop sign. Law enforcement must have probable cause to stop a vehicle on suspicion of drunk driving. Criminal law defines probable cause as the reasonable belief that an individual has committed a crime.
Once the officer has met the criteria for probable cause, they will have you pull over to the roadside. While at the roadside, the officer will  continue to pay close attention to your behavior watching for sign of intoxication. They will note how your get your driver’s license, insurance card, and registration. In addition, they will look for other signs, such as the smell of alcohol, bloodshot eyes, or slurred speech.
They may request you exit the car, giving further opportunity to observe your behavior. Continuing to look for signs of intoxication, which might be that you are unable to exit the car without assistance or stand without leaning on the vehicle. With you out of the car, the officer may request you take a field sobriety test. You are not obligated to take a field sobriety test. It is within your rights to refuse, politely. Primarily during a field sobriety test, the officer is looking to see if you can maintain your balance, coordination and follow instructions.
Based on the results of the field sobriety tests, the officer will either release the driver with any suitable violations or arrest the driver for DUI. Even if you do not take a field sobriety test, the officer may still arrest you for drunk driving based of their personal observations of your behavior and probable cause.
If arrested, the officer must read you the Miranda Rights. It is a requirement of arrest that these rights are read to each person being arrested and taken into custody. Miranda Rights inform you that you have the right to remain silent, you have the right to an attorney, and you have the right to have the court appoint you an attorney if you cannot afford one.
If you are arrested, the officer will take you to the police station for booking and chemical testing. The booking process is scary and overwhelming for most, since this is the first arrest for most people. Booking involves being fingerprinted, photographed, and asked your legal name and birth date. At the conclusion of being booked, the officer will ask you to take a chemical test to determine your blood alcohol concentration (BAC). If the result of the BAC is at the legal limit or higher, you are considered by California law to be intoxicated. The legal limit in San Luis Obispo County as well as all of California is 0.08%. If you refuse to take a chemical test, then your driver’s license will most likely be suspended. Anyone who drives in California is obligated to take a chemical test if asked by law enforcement due to suspicion of driving under the influence.
You will be able to leave the police station once booking is complete provided the required bond has been posted and there is no other circumstances surrounding your arrest that would prevent your leaving. This could be if this was not a first DUI offense. At the time of your arrest, the officer may have had your vehicle impounded or towed.
A DUI arrest can have a far-reaching affect your life and that of your family’s. If you have been arrested for drunk driving in San Luis Obispo County, take advantage of the vast experience Darryl Genis offers. He will defend you aggressively in both the criminal DUI case and the DMV hearing. He will use all of his expertise and skills to have the DUI charges dismissed and your license reinstated. You must act quickly, though, the DMV only allows 10 days from the date of your arrest to request a hearing and challenge the suspension of your driver’s license. The first step to take is hiring the best defense you can and that would be Mr. Darryl Genis.
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Drunk Driving DMV Hearing Lawyer
