The following is a general breakdown of what a typical DUI investigation consists of along with the steps those pulled over should take to keep their stop from escalating to a criminal charge. To learn more or get started on your defense, consult with an Oakland DUI lawyer with our firm today.
Typically the officer will say in his report that he made a decision to pull you over because he observed some sort of moving violation like failing to stop at a stop sign, running a red light, swerving across lanes, or speeding. He could also claim that he saw some non-moving violation like a broken taillight, objects hanging from the rearview mirror, or expired tags. In other situations, the officer isn’t pulling you over — instead — the contact results from what is referred to as a “welfare check” – the officer sees you sleeping in your car on the side of the road, you fell asleep with the car running and your foot on the brake at a stop light, you were involved in a solo vehicle collision (like running into a divider) or you were involved in a collision with another vehicle and someone called the police to the scene. There are various reasons for why a cop would make contact with you but once he does here is what they usually claim to observe in relation to a DUI.
The officer will walk over to your vehicle and ask for your license and registration (yes they can ask for this and yes you should provide it for identification purposes). He will then report whether he observed the odor of alcohol emanating from your vehicle, whether your speech was thick and slurred if you had red/watery eyes, and other “objective signs of intoxication.” If these objective signs of intoxication are observed then he will tell you to get out of the car to continue his DUI investigation. (Do you have to get out of the car…. Yes – or they will say you were resisting and delaying a peace officer and then pull you out).
The officer will then ask a series of pre-field sobriety questions including but not limited to: were you driving the vehicle, were you drinking, what were you drinking, how much did you have to drink, when did you start and stop drinking, where are you coming from, where are you going, are you on medication, do you have any physical defects, is there anything wrong with your car, and so on. These questions are clearly not for the purpose of identifying who you are and YOU DO NOT HAVE TO ANSWER THEM – you can politely refuse to answer any questions that don’t have to do with your identity.
The officer will then ask you to complete a series of field sobriety tests that could include the Walk and Turn test where they have you walk heel to toe on a line and turn around while counting, the One Leg Stand where you stand with one foot raised while counting, the Horizontal Gaze Nystagmus test where they test how well your eyes track a stimulus, and a Preliminary Alcohol Screening (PAS) test which is a roadside breath test to determine your alcohol content. Our next blog will go into detail about what these tests consist of and what “clues” the officers are looking for. The important thing to know right now is that YOU CAN REFUSE TO TAKE THESE TESTS including the breath test (unless you are already on probation for a prior DUI).
If the officer determines that you are under the influence based on your driving, objective signs of intoxication, admissions to drinking, performance on the field sobriety tests, your test results on the PAS or any combination of factors then he will likely take you into custody. At the jail, you will be booked and required to submit to a breath or blood test. If you refuse you will suffer a license suspension because of the implied consent law and the police will get a warrant and then draw your blood anyway. You will spend some time in a holding cell and then in most cases, you will be released with a notice to appear in court.
If you find yourself in a predicament where you have been arrested for a DUI call our office immediately. We believe that everyone deserves high quality, professional representation when defending against a DUI. Call us today to see how we can help defend you!
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
