The legal process starts once you are arrested for a DUI
You went out for a few drinks after work with friends, and were stopped by the police on your way home. As soon as you see the flashing lights in your rearview mirror and hear the siren, you start to worry. Then, your fears come to life: you’re arrested on suspicion of driving under the influence of alcohol and/or drugs (DUI). What happens next?
In California, a DUI is a criminal offense. It can be charged as either a misdemeanor or a felony, based on the facts of the case and your criminal history. After an arrest for a DUI the criminal justice process begins.
After you are arrested, the law enforcement officer will take you to a hospital, police station or to jail. There, you will be asked to submit to a chemical blood or breath test, which will measure your blood alcohol concentration (BAC). As a DUI defense attorney in Orange County, CA can explain, if you have a California driver’s license, then you have impliedly consented to taking these tests. Unlike a roadside breathalyzer test, which is optional for most people, a post-arrest BAC test is mandatory. If you refuse to take it, then you will face additional penalties.
The results of a chemical breath test are available immediately. If your BAC is .08% or higher, you will be charged with a DUI. Note that even if your breath test is under the legal limit of .08% (for most drivers), you can still be charged with a DUI. According to a DUI defense attorney in Orange County, CA, if you were driving in an unsafe manner due to alcohol or drug impairment, you may be charged with a DUI even with a BAC under the legal limit. The police may also ask you to take a blood or urine test if they believe that you may be under the influence of drugs.
If you choose to take a blood test, the results will take several days. These tests are sent to a laboratory for analysis.
If you refuse to submit to a chemical breath or blood test, you will still be arrested for a DUI. You will also be charged with “refusal,” which can lead to additional penalties, including a driver’s license suspension of 1 year and a mandatory 2 day jail sentence.
After the testing process is complete, you will be booked and released (in most cases). Depending on the facts of your case as well as your criminal history, you may be released on your own recognizance (with a promise to appear in court), or after posting bail. In many cases, the police will hold you in jail for several hours before releasing you.
Finally, the arresting officer will complete their report about your arrest and (if applicable) the results of the chemical test. This report will be submitted to the prosecutor for review. The prosecutor will either formally charge you with a California DUI or decline to file charges. If you are formally charged with a DUI, you should consult with a DUI defense attorney in Orange County, CA as soon as possible.
At the Chambers Law Firm, we represent individuals who have been charged with DUIs and other alcohol and drug-related driving crimes. We offer free initial consultations so that you can understand your rights and options. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule an appointment with a member of our team.
