DUI Investigation and Arrest
Two elements are used to prove DUI under
Vehicle Code 23152: driving and impairment (due to use of alcohol, drugs, prescription medication and/or cannabis).
Commercial and juvenile investigations have different legal standards.
The investigation may include an officer’s observations of the car’s movement and/or witness statements from passengers, members of the public, the driver and/or statements of other drivers. The investigation leading up to the arrest will likely include:
camera footage
field sobriety tests (FSTs) to show impairment of the investigated driver’s physiological functions
notes/police report with details about the investigation
preliminary screening device (PAS) test administered before arrest
samples of blood, breath or urine after an arrest has been made to show blood alcohol content (BAC)
Following an investigation for driving under the influence, an arrest is likely. An arrest must be lawful. When there has been proper investigation, procedures were followed and the officer has followed the US Constitution and state law, the arrest may be deemed lawful. Police officers must follow legally required procedures to test a suspected DUI driver’s blood, breath or urine and have probable cause to arrest a driver.
Significant legal issues may arise from all aspects of the investigation and tests, including whether the police followed CCR Title 17.
DUI Arrest - Must Be Lawful
These statues may assist your DUI defense.
Observation for a minimum of 15 minutes of the suspect by the investigating officer to ensure that the suspect has not vomited, burped, smoked, chewed gum or ingested anything (food/beverage).
Two separate samples of breath that are less than 0.02 grams per 210 liters of breath apart for the test to be complete.
The investigating officer or individual who is administering the breath test must have a current certificate to allow her/him to conduct the testing.
Procedures to ensure all tests have been administered in a medically acceptable way, including calibration of any/all equipment used to take breath samples and phlebotomist or nurse drew blood in a medically acceptable way without using alcohol to clean the skin. The blood sample must be transported and stored in a way to ensure preservation of the sample.
Urine testing must be done by taking two urine samples, discarding the first sample and use of a preservative in an appropriate container. The sample must be retained for a year after the date of collection.