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
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!