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
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
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.
DUI FAQs page to learn more and
contact our office to schedule a free consultation!