The DUI Stop: What to Expect

As Explained by a San Jose DUI Attorney

If you were arrested for DUI during a routine traffic stop, you can turn to The Law Offices of Adam Allen Arant for strong and compassionate legal representation. Since 2007, our San Jose DUI lawyer has represented individuals facing DUI charges throughout San Jose and we welcome the opportunity to fight for your rights, your freedom, and your license!

Probable Cause to Make the Traffic Stop

In the typical scenario, a driver is stopped by law enforcement officers for a moving violation such as speeding, or running a red light, or for obvious signs of impairment such as erratic driving or weaving in and out of traffic.

As long as the officer had probable cause to believe that you were violating the law or driving under the influence of drugs or alcohol, they have the right to pull you over. If the officer did not have probable cause to pull you over, your attorney may be able to bring a motion to suppress, which may result in having your case thrown out.

Your Interaction With the Officer

Once pulled over, the officer will ask for your license and registration. If you appear to be under the influence of alcohol; for example, your breath smells like alcohol, you are slurring your words, or you appear "drunk," you will be asked if you had anything to drink recently.

Most people will downplay how much they had to drink and say something like, "I had a glass of wine at dinner," or say something to understate how much they drink. The police have heard these lines many times before and may use such statements as probable cause to ask you to step out of your car.

If your case goes to trial and you testify that you had three glasses of wine and a beer, instead of the one glass you had told the officer, the prosecution will hammer you for having lied to the officer.

Standardized Field Sobriety Tests

Once you step outside of the vehicle, the officer will have you run through roadside tests called Standardized Field Sobriety Tests (STSTs), which consist of the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg-stand.

Once you have performed the field sobriety tests, you will be asked to submit to a preliminary alcohol screening test. If your result is high enough, you will be taken down to the station to submit to a required blood or breath test under California's implied consent laws, and for booking.

After booking, you will later be released once you appear to be no longer under the influence, or you will be held in jail until you are bailed out or released on your own recognizance by a judge the following day.

Read our DUI FAQs to learn more and call our office to schedule a free consultation: (408) 692-7321!