What Happens In The First 24 Hours After a Los Angeles DUI Arrest?
Once the police have arrested you, they have decided that you failed the field sobriety tests or that you're just too intoxicated to take the field sobriety tests. Driving under the influence is covered under California Vehicle Code 23152.
They are going to put the handcuffs on you, place you in the back of the police car, and then ask whether or not you want to take a blood or a breath test.
It would be best to realize that driving in Los Angeles and throughout California is a privilege, not a right. This is commonly known as the implied consent law. As a result, if the police believe in their subjective mind that you're too intoxicated to operate a motor vehicle safely, then you will have to take one of those tests.
If you don't, it'll be counted as a refusal, and it will automatically assume that you're guilty of DUI. That is a presumption that's very difficult to refute. They will then either drive you to the hospital to take your blood or to the police station so that you can submit to the breath test.
Some police locations will have you take a blood and a breath test. Before having you submit to a breath test, they will observe you for 15 minutes to make sure that nothing gets in your mouth that could affect the results.
They are ensuring that you do not burp, vomit, or do anything else that could affect the results. Then, they will have you blow into the machine twice to obtain two readings.
At that point, and depending on your reading, they will keep you in custody until they deem that you are safe to be let go. Sometimes, people are let go within an hour or two, especially if they are cooperative. Other people may be kept for several hours.
If you refuse to take either test, you will likely be held for many hours. Once they let you go, you will receive a citation slip with the date on which you will appear in court.
That date is usually about 30 days after the initial arrest. If your BAC is very high or if you are charged with a felony, then they'll put bail on you. At that point, you would have to post bail to be released, and you should consider hiring a DUI defense attorney.
Rights If Arrested for DUI In Los Angeles
Once you are arrested, you have the right to remain silent. You do not have to give any incriminating statements. However, you must be cooperative and submit to a blood or breath test.
If you don't, they will write that you refused, and there will be a difficult-to-refute presumption. If people had the option of refusing the tests without any consequences, then anyone would be able to get away with DUI.
However, you have the right not to take those field sobriety tests. If you are not drunk, then you should probably just cooperate with them because if you blow a value of 0.05 or lower, then they will probably just let you go.
Whether you will be arraigned before being released from jail will depend on the circumstances. If they put a bail on you, you should be arraigned within a couple of business days of being arrested.
You can talk to your attorney and enter a not-guilty, guilty, or no-contest plea. After you are arraigned, the judge will set bail. If you don't bail out, you will remain in custody until the next court date. Bail is not usually set for a first—or second-time DUI. Instead, they'll release you on your recognizance.
You should contact an attorney as soon as you can. An attorney can guide you through the process and advise you on what to do and what not to do. Various things can happen during an arrest. Sometimes, people need to get all the necessary paperwork or information, and they will be unsure of their next steps.
You'll need to contact a DUI attorney who has successfully handled cases in the court where your case will be pending. You would like an attorney with the qualifications necessary to guide you through the DUI process in LA successfully.
Related Content:
