Arrested for a DUI in California

So, you’re driving home at 3:30 AM, after having had too much to drink and you get pulled over. You’re asked to step out of your car and the field sobriety tests are administered You’re then arrested by the Police Officer who stopped you, and at the station house you are told your BAC is 0.13 % after you blow into a machine a few timesâÂ?¦.

What just happened? What’s going to happen later on down the road? Do I have any options? What should I do? Do I need an Attorney? I can’t give you legal advice as I’m not an Attorney, but I can offer you this as a licensed Private Investigator.

Let’s look at this from the Officer’s point of view. This is what happened to him/her. While on routine patrol they (probably) observed a vehicle on the road that produced some sort of probable cause for them to stop it and/or to contact you, the driver. The Officer then walked up to the driver’s window, asked for your driver’s license, then explained why he stopped you. The Officer smelled alcohol, heard your slowed and slurred speech, saw your watery red eyes, and then asked you if you had been drinking. Let’s suppose you’re honest about it and claimed that you only had “two beers” (because everybody only ever has two beersâÂ?¦.). You’re then asked to step out of the vehicle. A quick pat down type search is made of your person for the Officer’s safety, and some more questions are asked. The Officer asks you things like, “Are you currently taking any type of medications?” “Are you sick?” “Do you have any physical problems?” “When did you last eat?” “What did you last drink, how much, and when?” “Where are you coming from?” “Where are you going to?” The Officer then explains that he would like you to perform a few field sobriety tests, or “F.S.T.’s” as they are called. The Officer clearly gives you instructions on how and when to do themâÂ?¦.

One of those tests is called Horizontal Gaze Nystagmus. The Officer asks you to hold your head still and watch as he/she moves his/her finger or a pen’s head in front of your face from left to right and back again. In this test the Officer is looking for a few things. For one they want to establish whether or not your eyes lack smooth pursuit. That is, can your eyes track and follow the stimulus smoothly without jerking? They look for your eyes’ maximum deviation, and the angle of onset. Mainly these are points at which your eyes begin to jerk based on the level of alcohol in your system.

Another test is the One Legged Stand. The Officer asks you to stand with your hands at your side and one foot raised a few inches from the ground and then to count to 30 before lowering your foot back to the ground. In this examination the Officer is looking to see if you can follow and comprehend directions. He or she is also looking to see if you can maintain your balance without swaying or having to place your arms out to assist yourself or whether you need to put you foot back on to the ground to keep from falling over.

The Officer also asks that you do a Walk and Turn test. With this test you walk out 9 or so steps on an imaginary line placing heel to toe. At the end they’ll have you turn around while keeping your front foot firmly on the ground. The Officer is observing you again to see how your balance has been affected by your consumption of alcohol. Do you step off the imaginary line? Did you use your hands and arms to keep your balance? Were you able to turn while keeping your front foot on the ground on that imaginary line?

There may be other FST’s administered, but the above referenced tests have been researched by the National Highway Traffic Safety Administration. Depending on what happened during these tests they can determine with some fair certainty that your Blood Alcohol Content, or “BAC,” is possibly 0.10% or higher.

After the FST’s you’re handcuffed, and placed in the squad car. You’re driven to the station house where you are booked and processed into custody.

You are now probably wondering what “Blood Alcohol Content,” or “B.A.C.” is? It is the measurement of the concentration of alcohol in your blood, measured as a percentage, by volume. For example, a BAC of 0.10% indicates that 1/10 of 1 percent (or 1/1000) of your total blood content is alcohol. BAC is measured in milligrams of alcohol per 100 milliliters of blood, or milligrams percent.

It’s not the purpose here to get into a long drawn out discussion on physiology or forensics, but there are many factors that can influence your B.A.C. For instance, your body weight and body fat content can afford you a higher or lower tolerance to alcohol. Some medications you may be currently taking can cause a spike or decrease in your B.A.C. Whether or not you are a habitual drinker or chronic alcoholic may influence your level of Blood Alcohol Content. Something as simple as your having a fever/increased body temperature can affect the test results. Depending on what method is used to measure your B.A.C. there may be factors that skew the test results. For instance, many law enforcement agencies use “Breathalyzer” machines. What is the ambient temperature in the room where the test was administered? When was the machine last calibrated for accuracy and how? In California you are given the choice of how you wish your B.A.C. to be taken. Either by blood test, urinalysis, or “Breathalyzer.” If you chose a blood test, were the fluid samples taken by an appropriately licensed/credentialed Doctor or Nurse? Was the chain of custody maintained for your samples? The same applies for urinalysisâÂ?¦.

In the state of California, Vehicle Code section 23152 covers driving under the influence. Specifically it reads:

23152. (a) It is unlawful for any person who is under the influence
of any alcoholic beverage or drug, or under the combined influence
of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.

Depending on what type of driver’s license you hold the legal limit may be lower. For instance, those who possess commercial driver’s licenses or Pilot’s licenses have lower limits imposed.

Now what happens? You’re going to have to go to court and a myriad of things can and probably will occur-depending on what type of a plea you enter at arraignment. You’re possibly going to lose your driving privileges, and/or have your ability to drive restricted. You’re going to be court ordered to attend an alcohol diversion class. You may be sentenced to attend an alcohol/drug rehabilitation program. For certain, you’re going to spend quite a bit of money in this process. You’re going to have to live with some shame and embarrassment. And, you’re going to become very familiar with public transportation.

Should you retain the representation of a Lawyer? Absolutely! One may also be appointed to you by the court if you are in financial need. An Attorney can guide you through the entire process, and they may already work with a Private Investigator that can establish a possible defense for you by properly investigating some of those variables talked of above.