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Taking note of arrest procedure for DUI charge may be beneficial

Drivers in California who face charges after being arrested for driving while impaired may want to take note of the procedures followed by officials. By driving on California roads, drivers consent to breath, blood and urine tests when arrested for a DUI charge. However, the authorities must abide by strict regulations in their execution of the arrest, and drivers may protect their rights by ensuring correct procedures are followed.

Upon an arrest on suspicion of being intoxicated, the officer is allowed to confiscate the suspect's driver license; however, he or she should then issue a temporary license which would be valid for a 30-day period. They should also give you 10 days to apply for a DMV hearing. The officer will be entitled to subject you to a blood or breath test, without allowing you the opportunity of a consultation with your legal representative prior to the test.

If you are suspected of being under the influence of both alcohol and drugs, the officer may choose to request a urine or blood test in addition to the preliminary alcohol screening as drug presence will only be evident in blood or urine. The law states that a blood alcohol content (BAC) of .08% or higher entitles the officer to execute an arrest. In the blood alcohol tests of drivers who are under the age of 21, a BAC of .01% entitles the officer to issue a driver license suspension for as long as one year. If the BAC shows .05% or higher, and this is confirmed by blood or urine tests, an arrest may follow.

Drivers who refuse to subject themselves to urine and/or blood tests may have their driving privileges suspended, even if they agree to submit to the tests later. California drivers who are facing a DUI charge may want to recall the sequence of events that took place when they were arrested. Any omission of required procedures by the officials may benefit the accused driver's case in the event of litigation. Accused drivers who realize the importance of having their rights protected may want to visit our DUI defense website.

Source: apps.dmv.ca.gov, "California Driver Handbook", , Sept. 3, 2014

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