Once the police have arrested you, they have made a determination 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.
Implied Consent Law in California
You should realize that driving in Los Angeles and throughout California is a privilege and 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 safely operate a motor vehicle, 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 be assumed that you're guilty of DUI. That is a presumption that's very difficult to rebut. 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 of the 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 in order to obtain two readings.
At that point, and depending on what your reading is, they will keep you in custody until they deem that you are safe to be let go. Sometimes people will be 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, then you can probably expect to be kept for many hours. Once they let you go, they're going to give you a citation slip with the date on which you are to 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're going to put a bail on you. At that point, you would have to post a bail in order 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. You just need to make sure that you are being cooperative and that you submit to a blood or breath test.
If you don't, they will write that you refused and there will be a presumption that will be difficult to rebut. If people had the option of refusing the tests without any consequences, then anyone would be able to get away with DUI.
However, you do 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 or not you will be arraigned before being released from jail will depend. If they put a bail on you, then you should be arraigned within a couple of business days of being arrested.
You'll be able to talk to your attorney and then you'll enter a not guilty, guilty, or a no contest plea. After you are arraigned, the judge will set the bail. If you don't bail out, then you will remain in custody until the next court date. On a first or second-time DUI, bail is not usually set. Instead, they'll just release you on your own recognizance.
Los Angeles DUI Attorney
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 don't get all of the paperwork or information that they need, and they will be unsure of what their next steps should be.
You should definitely contact a DUI attorney who has successfully handled cases in the court where your case is going to be pending. You want an attorney who has the qualifications necessary to successfully guide you through the DUI process in LA.
For more information on Aftermath Of DUI Arrest In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0979 today.
Related Content:
