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 swerving, disobeying traffic signs, speeding, 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. Standard field sobriety tests include the heel-to-toe test, the nystagmus test, and the one leg stand test. During the tests, the officer will observe the individual to see if he or she follows directions, retains balance, and maintains coordination.
The police officer must then decide whether the person is to be placed under arrest. If the person does not appear to be intoxicated, he or she will be released. If the officer has a justifiable belief that the person is under the influence, the officer may place the person under arrest.
Before the officer can make an arrest, he or she must have probable cause. Probable cause is a reasonable belief that the suspect committed a crime. Law enforcement must read Miranda Rights to each person they arrest. Miranda Rights inform the person of his or her right to remain silent, right to an attorney, and right to have a court ordered attorney appointed to them 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.
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.
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