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California DUI Process

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Attorney Edgar P Lombera

California DUI Process

The DUI process always starts with the intial stop.  More likely then not, you will be pulled over for committing a driving infraction such as weaving, running a stop sign, speeding, etc.  Or you may have been pulled over for driving with an expired license tag or pursuant to a random DUI checkpoint.  Whatever the situation, it is not until the officer makes his initial contact with you that his DUI investigation actually begins.

DUI INVESTIGATION

Upon initial contact, the officer will likely ask to see your driver's license and registration.  He will be looking for signs of impairment, such as slurred speech, watery eyes, flushed face, odor of alcohol on breath, and your ability to follow directions and produce identification.  You may be asked to exit your vehicle to perform sobriety exercises.  The officer will take note of how you exit the car and how steady you are on your feet.  If you agree to perform the sobriety exercises, you will be evaluated on your ability to follow directions and perform the physical tasks.  You may be asked to take a portable breath test.

**NOTE:  You always have the option to refuse to submit to physical sobriety exercises.  If you have any injuries or conditions that make performing them difficult, be sure to communicate that to the officer.  Even injuries you sustained several years ago could affect your performance.  You also have the option of refusing to submit to a portable breath test.

ARREST

If the officer feels he has enough probable cause to believe you are DUI, you will be placed under arrest.  You will be taken down to the police station where a breath or blood test may be administered.  Once you are in custody and being subject to custodial interrogation, you will be read your Miranda rights. 

BOOKING/RELEASE

As part of the booking process, you will be searched, fingerprinted, questioned, photographed, and placed into a cell.  Bail will be set and you will be afforded the opportunity to place a call to speak with a bonding company or a friend/relative to make bail post arrangements. You will be released either upon posting bail or with a promise to appear in court.

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