Been Arrested for a DUI in CA?

Counsel from a Fullerton DUI Attorney

Many people never expect it to happen to them. They always make sure they have a designated driver, call a cab, or watch their limit if they know they are going to be driving home. Even if they planned ahead and though they were under the limit, they may soon find themselves in the back seat of a cop car heading to the station.

Let's go back before this part though. What about the actual arrest process? This is arguably one of the most important and crucial parts of your case. From here, you can carefully examine a police officer's actions, review how sobriety tests were conducted, and determine if you were treated fairly throughout the process. If there was any violation of your rights or the DUI arrest process, your case may be thrown out or your charges significantly dropped. That is why this is such an important part of your case and defense.

Want to talk with a Fullerton DUI lawyer about your arrest? Contact us today for a free consultation!

What to Expect in the Arrest Process

There are multiple steps and factors that an officer must take and observe before he has the right to arrest you. If any of these issues are out of line, your charges may be dropped quicker than you were arrested. Regardless of the situation, you will need a Fullerton DUI attorney who can identify these issues and help clear your name.

In order to make an arrest, the officer must have:

  • Initial probable cause to pull you over (such as witnessing a traffic violation)
  • Further cause to request tests once you are pulled over
  • Properly instructed you on how to perform field sobriety tests
  • Correctly administered any breathalyzer test
  • Actually witnessed a criminal level BAC on the breathalyzer test if given (.08)
  • Read you your Miranda Rights once taking you into custody

While failing to do any of these things won't necessarily get your charges dropped right away, it does give your defense lawyer a great strategy for weakening an officer's testimony against you and strengthening your credibility. In some cases, if your BAC was taken without properly requesting it from you or making you aware of your rights, the evidence could be thrown out, making it nearly impossible to secure a conviction.

Ready to have a skilled Fullerton DUI attorney review your case? Call the Law Offices of Randall T. Longwith today!

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Law Offices of Randall T. Longwith
Fullerton DUI Defense Attorney
111 N. Harbor Blvd, Suite D,
Fullerton, CA 92832
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Phone: (888) 282-4534
Local Phone: (714) 606-6024
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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