California DUI Stop: Understanding the Basics

CALIFORNIA DUI STOPUnderstanding the Basics

When Can You Be

STOPPED?

Police need reasonable suspicion to pull you over

Reasonable suspicion does not need to apply to drinking and driving

Police may use a “pretextual stop” to pull you over

Officer needs probable cause to search or arrest after the initial stop

DUI “checkpoint” is not a “stop” so an officer does not even need

reasonable suspicion to stop you

Field Sobriety Tests

An officer may use both standardized (approved by NHTSA)

and non-standardized FSTs

Standardized FSTs include:

HORIZONTAL GAZE NYSTAGMUS TEST (HGN)

– the HGN test is conducted by the officer using an object (usually a pen) and moving it from the center of your field of vision to the side and back

Standardized FSTs include:

HORIZONTAL GAZE NYSTAGMUS TEST (HGN)

The officer is looking for nystagmus which is an involuntary “bouncing” of the eye that occurs

when under the influence of alcohol

Standardized FSTs include:

ONE-LEG STAND

— this test requires you to stand on one leg with the other leg held up about six inches for a count

of thirty

Standardized FSTs include:

ONE-LEG STAND

You are required to count out loud while performing the test

Standardized FSTs include:

Your arms must remain down at your sides and cannot be used for balance during the test

WALK AND TURN

– for this SFST you are told to walk a straight line touching heel to toe for nine steps

Standardized FSTs include:

WALK AND TURN

After step nine you must pivot counter clockwise and return along the same line

Standardized FSTs include:

WALK AND TURN

Again, your arms cannot be used for balance and must remain at your sides

Standardized FSTs include:

Taking too few or too many steps, failing to pivot properly, or swaying while you walk can count

against you in this test

Chemical Tests

IMPLIED CONSENT LAW means that you gave your consent to

submit to a chemical test when you chose to obtain your California

driver’s license

Refusing a chemical test comes with an automatic one year license suspension if it is your first refusal

LEARN MORE ABOUT DUI STOP IN ORANGE COUNTY

CALIFORNIA

Daryl B. ThompsonOrange County DUI Attorney

Click to visit: drunkdrivinglawyer.com

Or call (714) 740-1095