A DUI arrest starts with an encounter with law enforcement. The following are the most common ways that law enforcement encounters a DUI driver:
- Checkpoints
- Traffic Stops
- Accidents
- Stopped Vehicle
Preliminary Investigation
Officers start by making contact with the driver of the vehicle and asking them to roll down their windows. They ask the driver for their license, registration, and proof of insurance. Although you are required to provide this documentation, you are not required to roll down your window all the way when you do so. Rolling the window down allows officers to get close enough to the driver to observe signs of alcohol intoxication. Typically officers will note an “odor of alcohol emanating from the driver” “red or watery eyes” and “slurred speech.” If officers observe these indicators, they will initiate a DUI investigation by asking you to step out of your vehicle. You may decline to exit your vehicle if an officer asks. However, if an officer lawfully orders you to exit your vehicle, failing to exit can result in additional criminal charges of delaying arrest.
DUI Investigation
Officers usually ask DUI suspects to perform field sobriety tests during the DUI investigation. Common field sobriety tests include: walk the line, stand on one leg, follow the finger (also known as Horizontal Gaze Nystagmus), and count to 30. Another common sobriety test is the preliminary alcohol screening device, which takes a breath sample. You may refuse all tests prior to your arrest, unless you are on parole or probation.
DUI Arrest
If the officer has enough indications that you are driving under the influence, they will typically ask you to stand so that they can handcuff and arrest you. Once arrested, you must provide a sample of your blood, breath, or urine for purposes of determining your blood alcohol content (BAC). If you refuse, the DMV could suspend your license for one year under Vehicle Code section 23612.
Once you are arrested, officers typically take you to jail and impound your vehicle. However, it is possible that officers will not arrest you and will issue you a notice to appear instead. Similarly, officers can release your vehicle to a sober friend or relative instead of impounding it.
Officers will also take your driver’s license and provide you with a temporary paper license good for 30 days.
Declining to cooperate
As noted above, there are certain parts of the DUI arrest that you can decline. However, failure to provide your license, registration or insurance, failure to obey a lawful order, and failure to provide a blood alcohol sample after arrest can result in additional criminal charges. If you decline to participate, make sure that is your right, and be respectful to the officer when you do so.