Probable Cause

Determining Probable Cause in DUI

Driving under the influence, or more commonly called drunk driving, is an offense under California Penal statutes. The main contention often argued is the proper conduct of a DUI arrest and the application of the field sobriety test. The following is a guide on how a proper arrest for probable cause in DUI cases.

• Probable Cause. A police officer is authorized by law to call the attention of an individual operating a vehicle if there is/are act/s that have been committed that leads an officer to a belief that the individual is under the influence or intoxicated. This is called probable cause and acts that may lead to that reasonable belief that have been committed include violations of traffic regulations or direct knowledge that the person operating the vehicle is intoxicated.
• Preliminary Alcohol Screening. If probable cause for violation of DUI laws is present, then the police officer is allowed to pull over the vehicle and conduct the PAS or preliminary alcohol-screening test. Also called the field sobriety test, the officer asks for the driver’s license and registration. Afterwards, the officer asks the driver to step out of the vehicle and proceeds to conduct a Breathalyzer test to determine an individual’s blood alcohol concentration. If the test results in a concentration level above 0.08% or more, then this is probable cause for violation of the California DUI laws.
• Booking and Chemical Tests. After the first test conducted, the individual driver is arrested and brought to the police station for booking and other chemical tests. Booking involves registering the individual as an offender for the purpose of California penal records. The second test is a blood chemical test to determine more scientifically the blood alcohol concentration present in the individual arrested.

 
The first criticism to the procedures in DUI arrests is the supposed arbitrariness of police officers while in the field. These criticisms have been formalized in court cases and the courts have upheld the propriety and validity of the tests if conducted properly. Another critique is the time lag between the PAS and the chemical tests. Courts have upheld the procedure of fifteen-minute intervals between two PAS tests in the field. Also, the blood chemistry test needs to be conducted within three hours of the arrest of the driver accused of violating DUI laws.

This felony is a serious offense and as such, it is important to be properly advised and guided on the steps towards filing for the relief sought if facing this kind of legal problem. Do call the Lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.