Los Angeles DUI Police Procedure

DUI defenseFor many drivers who are stopped and investigated for driving under the influence, this experience may be their first time interacting with the police and being the subject of an official investigation. DUI is one of the most frequently-charged crimes in Los Angeles County and law enforcement officers throughout the region receive extensive training on investigating and processing DUIs. The procedures used are very important and in some cases major deviations from procedure can have an impact on how the case is treated in court.

Pulled Over By Law Enforcement

The majority of DUI cases start after a driver has been pulled by a law enforcement officer. An officer cannot pull over any driver that he or she suspects may be under the influence. The law requires that an officer have reasonable cause to believe that the driver has violated the law. Typically, the reason for the vehicle stop will be a traffic violation that the officer sees the driver commit. If there was insufficient reasonable or probable cause to stop the driver, the driver can file a motion to suppress in court. If granted, all evidence of the DUI offense would be inadmissible and the prosecutor would likely have to dismiss the case.

Field Sobriety Tests and PAS

After a vehicle has been pulled over, the officer will approach the driver and request to see his or her license and registration. The officer will pay attention to the driver’s demeanor and will note if the driver exhibits symptoms of intoxication such as bloodshot or watery eyes, slurred speech and an odor of alcohol. If the officer notices any of these symptoms, the officer will ask the driver to step out of the vehicle and participate in a series of field sobriety tests designed to measure the driver’s balance, agility and ability to remember and follow instructions. In addition, the officer may ask the driver to provide a breath sample on his or her portable preliminary alcohol sensor (“PAS”) device. For the majority of drivers, the PAS test is not mandatory and the driver can lawfully refuse. The field sobriety tests are not mandatory for any driver.

If the officer concludes that the driver is under the influence of alcohol, he or she will be arrested and transported to the police station. Many drivers will note that they are not read the Miranda warning heard in movies and television shows when they are arrested or any time thereafter. Miranda warnings typically only apply to post-arrest interrogations; and these are rarely conducted in standard DUI cases. As a result, the failure to read the Miranda warning will not be fatal to most DUI cases.

The driver will be given the option of completing either the breath or blood test. The officer must inform the driver that they are required to comply with chemical testing and failure to test will result in a license suspension. If the driver chooses the blood test, he or she will be taken to the hospital where a medical professional will conduct the test.

At the time of the arrest, the driver will have his or her driver’s license taken away and will be given notice of an impending license suspension that would start 30 days later. The driver is usually jailed for the night and released the next day on his or her own recognizance. Some drivers will remain in custody until they can appear in court or post bond.

If you have been arrested for DUI, it is crucial that you meet with a Los Angeles DUI Lawyer immediately. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Attorney Michael Kraut is highly skilled at fighting DUI cases on behalf of clients.

For more information about Los Angeles DUI and police procedure, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.