Can I Be Arrested For DUI Without Field Sobriety Tests?
November 18, 2011

People v. Bennett (1983) 139 Cal.App.3d 767, holds that a person lawfully detained for drunk driving, and found to have symptoms consistent with intoxication, may be further detained for the purpose of administering field sobriety tests. In Marvin v. DMV (1984) 161 Cal.App.3d 717, the court held that an arrest, based solely on the fact of erratic driving coupled with a breath alcohol odor, may be legal even without field sobriety tests. Similarly, in People v. Deltoro (1989) 214 Cal.App.3d 1417, it was determined that the police had probable cause to arrest the defendant for DUI based solely on his odor of alcohol and his failure to negotiate a turn in the road while going 50 mph in a 15 mph zone.

However, these holdings do not mean that an arrest for DUI is always legal without field sobriety testing. Each and every DUI arrest is unique and must be closely analyzed and investigated by your Orange County DUI attorney. Often times, the police do not have sufficient, objective evidence for the police to have probable cause to believe the DUI suspect was impaired. Just because you were arrested for a DUI does NOT mean you are guilty of DUI beyond a reasonable doubt. Probable cause and proof beyond a reasonable are two entirely different criminal law standards of proof.

Pursuant to the 4th Amendment of the U.S. Constitution, every citizen has a constitutional right against unreasonable searches and seizures. This means that the police cannot stop your car or order you to pull over unless they have a reasonable suspicion that you committed or were about to commit a crime. Make sure you know your rights and that your rights are protected by hiring an experienced DUI attorney.

If you or a loved one have been accused or charged with a DUI in Orange County, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin & Klarich today at, (877) 4-NO-JAIL or (877) 466-5245 to speak to an experienced Orange County criminal defense attorney about your case.

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