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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
