Pasadena DUI Process
Pasadena DUI charges pursuant California Penal Code section 23152(a) and/or California Vehicle Code Section 23152(b) may be triggered by four different events.
A motorist in Pasadena may unwittingly drive into a Pasadena DUI checkpoint and find themselves facing further scrutiny for Driving Under the Influence in Pasadena. Law enforcement agencies have increasingly relied on DUI checkpoints to monitor and detect drunk driving in Pasadena and other areas. At these checkpoints, law enforcement officers may stop random cars travelling through the checkpoint and observe drivers for signs of intoxication. If that motorist is determined to be under the influence of drugs or alcohol, he or she may be arrested at the Pasadena checkpoint for Driving Under the Influence. These checkpoints must adhere to specific guidelines that are discussed further in the article on DUI checkpoints.
Another way that a Pasadena DUI charge may originate is if a driver is involved in a traffic collision, either with other vehicles (or pedestrians) or by themselves. The responding officer will investigate the collision scene and may form the opinion that the driver was driving under the influence of the alcohol or drugs prior to the accident. A typical Pasadena DUI investigation would proceed at this point and an arrest could follow.
DUI charges in Pasadena may also be initiated after a member of the public observes someone driving erratically and contacts the authorities and makes a claim of a drunk driver in Pasadena. Officers are dispatched to the location to look for the driver in question and then will usually stop and investigate the driver based on information received. This investigation may produce DUI charges filed in Pasadena.
The fourth and most common source of Driving Under the Influence charges in Pasadena occurs when motorists are stopped by a law enforcement officer after that officer observed the driver violate a provision of the California Vehicle Code. Generally, the Pasadena Police Department and the California Highway Patrol are the main law enforcement agencies that patrol the Pasadena region. However, officers from the Arcadia Police Department, Los Angeles County Sheriff's Altadena Branch and others are also active in this location.
To justify the stop of the vehicle, the officer must have probable cause that the driver has violated the law. The reason can vary from equipment violations to excessive speed or weaving between lanes.
Once the driver is stopped the officer will usually engage the person in conversation. During this time they will be looking for signs of intoxication such as smell of alcohol, bloodshot or watery eyes and others symptoms consistent with being drunk in Pasadena.
If the officer suspects the driver is under the influence, he or she will investigate further. This will typically consist of standard Field Sobriety Tests (FST's) which are administered to the driver. These tests are meant to assess a person's coordination and balance. In practice, they are highly subjective and unscientific and are difficult for even sober people to pass.
In addition to the FSTs, the officer will usually give the driver the option of providing a breath sample into a Preliminary Alcohol Screening (PAS) device. This instrument will not provide an official determination of blood alcohol content but will provide an estimate.
Based on the DUI investigation, the officer at this point will make a DUI arrest if he or she believes that the driver was driving under the influence of alcohol or another drug. The suspect will be given the option to provide a blood or breath sample, which would be done following the arrest, either at the police station or at a hospital.
After this testing and if a blood alcohol level of 0.08 percent or higher is detected, the suspect is booked into jail. In Pasadena, this would be the Pasadena Police Department Jail located at 207 North Garfield Street, Pasadena, CA 91101. The suspect will usually be released the next day and will be given a court date to appear at the Pasadena Courthouse, 300 East Walnut Street, Pasadena, CA 91101. The suspect will also be provided a notice of suspension of his or her driver's license by the DMV. However, it is portant to note that even if a person blows under the legal limit, the Pasadena Polide Department or other law enforcement agency working within the Pasadena Court jurisdiction can still be arrested for driving under the influence.
The time between a DUI arrest and the first appearance (also called arraignment) at the Pasadena Courthouse is crucial. This is when having a private Pasadena DUI attorney immediately working on your case can be extremely effective. Within 10 days of the arrest, a request for must be filed with the Department of Motor Vehicles for a hearing. If that is not done, the driver's license suspension will go into effect for no less than a four month period. A private DUI attorney can file this and get a stay of suspension in order to fight the DMV action. A Pasadena DUI defense attorney can also begin to work on a Pasadena DUI arrest prior to the first court date.
Additionally, a Pasadena drunk driving attorney can work with police agencies and prosecutors prior to any case being filed to try to intervene and avoid prosecution. Even if a case has been filed, it is important to have a Pasadena DUI attorney fighting on your behalf. In order to prove charges of Driving Under the Influence under California Penal Code Section 23152(a) and/or California Penal Code Section 23152(b) , the prosecutor must be able to establish several factors, including that probable cause existed to stop the vehicle and that there was probable cause to arrest the driver for DUI, among many things. An experienced Pasadena DUI attorney can challenge the People's case on various grounds and get the prosecutor to dismiss or significantly reduce charges.
Pasadena DUI Attorney Michael Kraut is highly skilled at handling Drunk Driving charges at all stages of the DUI process in Pasadena, California. Mr. Kraut is a former Deputy District Attorney assigned to the Pasadena Courthouse who has handled cases of this nature from both sides and is highly regarded by prosecutors and law enforcement officials in Pasadena. He fights hard to ensure his clients have the best representation possible.
For more information about the Pasadena DUI Process, and to schedule your free consultation, contact Pasadena DUI Defense Attorney Michael Kraut at the Kraut Law Group located at790 East Colorado Boulevard, 9th Floor, Pasadena, CA 91101. Mr. Kraut can be reached 24/7 at 888-334-6344 or 626-345-1899.