DUI Medication and Drug Arrests
The DUI arrest process begins when an officer suspects that a person is driving under the influence. An officer may suspect that a person is operating a motor vehicle under the influence if the driver is weaving, speeding, disobeying traffic signals, or making incorrect turns.
Law enforcement must have justifiable reasons for making a traffic stop.
During a traffic stop, the officer will have the suspect pull over to the side of the road. The police officer will observe the suspect for signs of intoxication, such as slurred speech, scent of alcohol on the breath, repeating or confusing words, bloodshot eyes, or flushed cheeks. The officer will then ask to see the person’s driver’s license and registration. Law enforcement may ask the suspect several questions, but the suspect has the right to refuse to answer.
If the police officer believes that the person is under the influence, the officer will ask the person to step outside of their vehicle. The officer will then ask the person to perform a series of field sobriety tests, to which the driver has the right to refuse to submit. Standardized field sobriety tests include the horizontal gaze nystagmus test, the one leg stand, and the walk and turn test. During the tests, the officer will observe the individual to see if he or she follows directions, maintains balance, and is coordinated.
After the field sobriety tests have been performed, the officer will usually present a field breath test device called a preliminary alcohol screening device (PAS) to the driver to provide a breath sample. The PAS is not the evidential breath test required by the implied consent law. Although the implied consent law requires a driver arrested for driving under the influence to submit to an evidential breath test, a driver under investigation for driving under the influence is not required to submit to a test on a preliminary alcohol screening device. In fact the investigating officer is required to provide a PAS admonishment at the time a breath sample is requested on a PAS device.
Before the officer can make an arrest, he or she must have probable cause a crime has been committed and the person who has become the focus of the investigation committed that crime.
Law enforcement must read Miranda Rights to each person they arrest. Miranda Rights inform the person of the right to remain silent, right to an attorney, and right to have a court appointed attorney provided if he or she cannot afford one. Law enforcement does not have to read the Miranda Rights until a person is taken into police custody and questioning about the crime commences.
After the arrest, the suspect is escorted to the police station for booking and chemical testing. During the booking process, the person is fingerprinted, photographed, and asked for his or her name and date of birth. Personal property is also removed and stored away from the arrested individual. At this time, law enforcement will administer a chemical test to determine the person’s blood alcohol concentration (BAC). If the person’s BAC is 0.08% or higher, he or she is considered intoxicated according to California law. A person can refuse to take the chemical test; however, refusal can result in automatic license suspension.
When the booking process is complete, the person will be required to post bond before he or she can leave the police station. The person’s motor vehicle may be impounded or towed as well. It is advisable that the person avoid answering questions from law enforcement and speak with an experienced San Francisco DUI attorney immediately after his or her arrest.
San Francisco DUI Attorney
If you have been arrested for DUI in San Francisco, obtaining a qualified attorney is the most important decision you can make. A DUI attorney can protect your rights, inform you of your legal options, investigate the conditions of your arrest, and question law enforcement officers and independent witnesses. A skilled attorney can also provide the resources and aggressive defense you will need to successfully fight your DUI charges.
The Law Office of Robert Tayac has been helping people charged with DUI in San Francisco for over twenty years. Mr. Tayac has the education, training, and experience to defend you in this case. Mr. Tayac can also schedule your hearing with the DMV and represent you at the hearing. Remember, you only have 10 days to prevent your driving privilege from being suspended.
Contact The Office
Mr. Tayac and the DUI investigators and experts working with him stand ready to help you or your family member. A member of the office is available to speak with you regarding the case any day of the week between the hours of 8:00 a.m. and 8:00 p.m. Pacific Standard Time at 415-552-6000.
If you hire the Law Office of Robert Tayac, you will know that you have retained the services of the most knowledgeable and experienced DUI defense team.