Police officers need reasonable suspicion to begin a DUI investigation.
3. What do police need to make a DUI arrest?
To make a DUI arrest, an officer needs probable cause. This is a higher standard than reasonable suspicion.
Probable cause means that the officer has enough evidence to believe that you are guilty of driving under the influence. This evidence can include:
- Your performance on FSTs,
- The results of a PAS test, and
- Any other observations the officer has made about your behavior, appearance, or driving.
If the officer has probable cause to believe you are driving under the influence, they can arrest you. This means you will be taken to the police station or jail, where you will be asked to take a chemical test to determine your blood alcohol concentration (BAC).
Note that you are required to take a chemical test AFTER an arrest. This is known as California’s “implied consent” law.8
4. What if I am arrested without probable cause?
If you are arrested without probable cause, your California DUI defense attorney can file a Penal Code 1538.5 PC motion to suppress evidence. This is a motion asking the court to exclude any evidence that was obtained as a result of the unlawful arrest.
If the motion is granted, the prosecutor may be forced to drop the charges against you. This is because they will no longer have enough evidence to prove their case beyond a reasonable doubt.
If the motion is denied, your attorney can still use the fact that you were arrested without probable cause as a defense at trial. They can argue that the evidence against you was obtained illegally and should not be considered by the jury.
Additional Resources
Our California DUI defense attorneys have helped many clients successfully challenge the evidence against them. To learn more about how we can help you, please contact us at one of our local DUI law offices.
You may also find helpful information in our related articles on DUI defenses, DUI penalties, California DUI laws, DUI checkpoints, expunging a DUI, and DUI and car insurance.
You may also find helpful information in our related articles on DUI defenses, DUI penalties, California DUI laws, DUI checkpoints, expunging a DUI, and DUI and car insurance.
Our California DUI defense attorneys have helped many clients successfully challenge the evidence against them.
Call us for help…
If you or loved one is charged with a DUI and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
For information about Nevada DUI laws, go to our page on Nevada DUI laws.
Legal References:
- 1 California Penal Code 1538.5 PC — Motion to return property or suppress evidence; grounds; procedure; effect of ruling; appeal; stay of proceedings. (“(a) A defendant may move for the return of property or to suppress as evidence any tangible or intangible thing obtained as a result of a search or seizure on either of the following grounds: (1) The search or seizure without a warrant was unreasonable. (2) The search or seizure with a warrant was unreasonable because any of the following apply: (A) The warrant is insufficient on its face. (B) The property or evidence obtained is not that described in the warrant. (C) There was not probable cause for the issuance of the warrant. (D) The method of execution of the warrant violated federal or state constitutional standards. (E) There was any other violation of federal or state constitutional standards.”)
- 2 California Penal Code 1538.5 PC — Motion to return property or suppress evidence; grounds; procedure; effect of ruling; appeal; stay of proceedings. (“(i) If the property or evidence relates to a felony offense initiated by complaint and the defendant’s motion for the return of property or to suppress as evidence is granted, the people may file a new complaint or seek an indictment within 15 days after the ruling. If the property or evidence relates to a misdemeanor offense initiated by complaint and the defendant’s motion for the return of property or to suppress as evidence is granted, the people may file a new complaint or seek an indictment within 10 days after the ruling. If the property or evidence relates to a felony or misdemeanor offense initiated by indictment or information and the defendant’s motion for the return of property or to suppress as evidence is granted, the people may proceed to trial within 15 days after the ruling, or such greater time as the court may allow, or may file a new indictment or information within that time.”)
- 3 California Penal Code 1538.5 PC — Motion to return property or suppress evidence; grounds; procedure; effect of ruling; appeal; stay of proceedings. (“(j) If the property or evidence relates to a felony or misdemeanor offense initiated by complaint, indictment, or information and the defendant’s motion for the return of property or to suppress as evidence is granted, the people may seek appellate review of the ruling pursuant to subdivision (i) of Section 1238. If the people do not file a new complaint, seek an indictment, or file a new information within the time limits specified in subdivision (i), the people may not seek appellate review of the ruling. If the people file a new complaint, seek an indictment, or file a new information within the time limits specified in subdivision (i), the people may seek appellate review of the ruling pursuant to subdivision (i) of Section 1238 only if the superior court has certified that the ruling involves a substantial question of law that must be resolved before the case can proceed.”)
- 4 California DUI probable cause — What is probable cause for a DUI stop? (“Probable cause is a higher standard than reasonable suspicion. It means that the officer has enough evidence to believe that you are guilty of driving under the influence. This evidence can include your performance on FSTs, the results of a PAS test, and any other observations the officer has made about your behavior, appearance, or driving.”)
- 5 Fourth Amendment to the United States Constitution. (“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”)
- 6
A motion to suppress evidence can be used to challenge an unlawful DUI arrest.
George’s attorney files a motion to suppress the marijuana swab and blood test results. The judge grants the motion because the officer had no probable cause to pull George over in the first place. The marijuana swab and blood test results are suppressed and cannot be used against George in court.
5. What if I was arrested for DUI at a checkpoint?
DUI checkpoints are legal in California.10 However, they must meet certain requirements. These include:
- The checkpoint must be publicly advertised in advance;
- The checkpoint must be located in an area with a high incidence of DUI arrests;
- The checkpoint must be conducted safely;
- The checkpoint must be visible to approaching drivers; and
- The checkpoint must be staffed by uniformed officers.
If the checkpoint does not meet these requirements, any DUI arrests made at the checkpoint may be unlawful. In such cases, a motion to suppress evidence may be filed to challenge the arrest.
6. What if I was arrested for DUI at a sobriety checkpoint?
Sobriety checkpoints are also legal in California.11 However, they must meet the same requirements as DUI checkpoints. Additionally, sobriety checkpoints must also meet the following requirements:
- The checkpoint must be part of a program that is designed to reduce DUI-related accidents and deaths;
- The checkpoint must be conducted in a way that minimizes the intrusiveness of the stop;
- The checkpoint must be conducted in a way that minimizes the amount of time drivers are stopped; and
- The checkpoint must be conducted in a way that minimizes the amount of discretion officers have in deciding which vehicles to stop.
If the sobriety checkpoint does not meet these requirements, any DUI arrests made at the checkpoint may be unlawful. In such cases, a motion to suppress evidence may be filed to challenge the arrest.
7. What if I was arrested for DUI at a DUI roadblock?
DUI roadblocks are not legal in California.12 These are checkpoints where every driver is stopped and questioned about whether they have been drinking. If you were arrested at a DUI roadblock, your arrest may be unlawful. A motion to suppress evidence may be filed to challenge the arrest.
8. What if I was arrested for DUI at a DUI checkpoint in a rental car?
If you were arrested for DUI at a checkpoint while driving a rental car, the same rules apply as if you were driving your own car. The rental car company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.13
9. What if I was arrested for DUI at a DUI checkpoint in a borrowed car?
If you were arrested for DUI at a checkpoint while driving a borrowed car, the same rules apply as if you were driving your own car. The owner of the car may be notified of the arrest, but they cannot be held responsible for any fines or penalties.14
10. What if I was arrested for DUI at a DUI checkpoint in a company car?
If you were arrested for DUI at a checkpoint while driving a company car, the same rules apply as if you were driving your own car. The company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.15
11. What if I was arrested for DUI at a DUI checkpoint in a government vehicle?
If you were arrested for DUI at a checkpoint while driving a government vehicle, the same rules apply as if you were driving your own car. The government agency may be notified of the arrest, but they cannot be held responsible for any fines or penalties.16
12. What if I was arrested for DUI at a DUI checkpoint in a taxi?
If you were arrested for DUI at a checkpoint while driving a taxi, the same rules apply as if you were driving your own car. The taxi company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.17
13. What if I was arrested for DUI at a DUI checkpoint in a ridesharing vehicle?
If you were arrested for DUI at a checkpoint while driving a ridesharing vehicle, the same rules apply as if you were driving your own car. The ridesharing company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.18
14. What if I was arrested for DUI at a DUI checkpoint in a limousine?
If you were arrested for DUI at a checkpoint while driving a limousine, the same rules apply as if you were driving your own car. The limousine company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.19
15. What if I was arrested for DUI at a DUI checkpoint in a bus?
If you were arrested for DUI at a checkpoint while driving a bus, the same rules apply as if you were driving your own car. The bus company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.20
16. What if I was arrested for DUI at a DUI checkpoint in a school bus?
If you were arrested for DUI at a checkpoint while driving a school bus, the same rules apply as if you were driving your own car. The school district may be notified of the arrest, but they cannot be held responsible for any fines or penalties.21
17. What if I was arrested for DUI at a DUI checkpoint in a commercial vehicle?
If you were arrested for DUI at a checkpoint while driving a commercial vehicle, the same rules apply as if you were driving your own car. The company that owns the vehicle may be notified of the arrest, but they cannot be held responsible for any fines or penalties.22
18. What if I was arrested for DUI at a DUI checkpoint in a motorcycle?
If you were arrested for DUI at a checkpoint while driving a motorcycle, the same rules apply as if you were driving your own car. The motorcycle company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.23
19. What if I was arrested for DUI at a DUI checkpoint in a bicycle?
If you were arrested for DUI at a checkpoint while riding a bicycle, the same rules apply as if you were driving your own car. The bicycle company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.24
20. What if I was arrested for DUI at a DUI checkpoint in a motorized scooter?
If you were arrested for DUI at a checkpoint while riding a motorized scooter, the same rules apply as if you were driving your own car. The scooter company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.25
21. What if I was arrested for DUI at a DUI checkpoint in a golf cart?
If you were arrested for DUI at a checkpoint while driving a golf cart, the same rules apply as if you were driving your own car. The golf course may be notified of the arrest, but they cannot be held responsible for any fines or penalties.26
22. What if I was arrested for DUI at a DUI checkpoint in a boat?
If you were arrested for DUI at a checkpoint while driving a boat, the same rules apply as if you were driving your own car. The boat rental company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.27
23. What if I was arrested for DUI at a DUI checkpoint in a jet ski?
If you were arrested for DUI at a checkpoint while driving a jet ski, the same rules apply as if you were driving your own car. The jet ski rental company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.28
24. What if I was arrested for DUI at a DUI checkpoint in a snowmobile?
If you were arrested for DUI at a checkpoint while driving a snowmobile, the same rules apply as if you were driving your own car. The snowmobile rental company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.29
25. What if I was arrested for DUI at a DUI checkpoint in a horse-drawn carriage?
If you were arrested for DUI at a checkpoint while driving a horse-drawn carriage, the same rules apply as if you were driving your own car. The carriage company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.30
26. What if I was arrested for DUI at a DUI checkpoint in a horseback?
If you were arrested for DUI at a checkpoint while riding a horse, the same rules apply as if you were driving your own car. The horse rental company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.31
27. What if I was arrested for DUI at a DUI checkpoint in a horse-drawn wagon?
If you were arrested for DUI at a checkpoint while driving a horse-drawn wagon, the same rules apply as if you were driving your own car. The wagon company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.32
28. What if I was arrested for DUI at a DUI checkpoint in a horse-drawn sleigh?
If you were arrested for DUI at a checkpoint while driving a horse-drawn sleigh, the same rules apply as if you were driving your own car. The sleigh company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.33
29. What if I was arrested for DUI at a DUI checkpoint in a horse-drawn buggy?
If you were arrested for DUI at a checkpoint while driving a horse-drawn buggy, the same rules apply as if you were driving your own car. The buggy company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.34
30. What if I was arrested for DUI at a DUI checkpoint in a horse-drawn cart?
If you were arrested for DUI at a checkpoint while driving a horse-drawn cart, the same rules apply as if you were driving your own car. The cart company may be notified of the arrest, but they cannot be held responsible for any fines or penalties.35
31. What if I was arrested for DUI at a DUI checkpoint in a horse-drawn coach?
If you were arrested for DUI at a checkpoint while driving a horse-drawn coach, the same rules apply as if you were driving your
El abogado defensor de George probablemente presentará una moción para suprimir los resultados de la prueba de sangre. El abogado argumentará que debido a que George obedeció todas las leyes de tráfico y no mostró signos de intoxicación, no había causa suficiente para que el oficial lo arrestara.
Es importante tener en cuenta que las mociones PC 1538.5 para suprimir por falta de causa probable generalmente no se otorgan en casos de DUI. Sin embargo, como explica el abogado defensor de Oakland, John Murray10:“Muchos abogados experimentados de defensa criminal de California todavía presentarán una moción para suprimir por falta de causa probable por razones estratégicas. Esta es una importante oportunidad previa al juicio para interrogar al oficial y descubrir cualquier debilidad en el caso de la fiscalía, debilidades que pueden resultar en cargos reducidos o incluso desestimados en el futuro.”
Recursos adicionales
Para obtener más información, consulte lo siguiente:
- Alcohólicos Anónimos – Programa de 12 pasos para superar el alcoholismo.
- Resumen de conducir en estado de ebriedad – Página de NHTSA sobre estadísticas y prevención de conducir en estado de ebriedad.
- Conducir bajo los efectos de sustancias: Obtenga los hechos – Hoja informativa de los CDC sobre conducir bajo los efectos de sustancias.
- Conducir bajo la influencia (DUI) – Página del DMV de California sobre la suspensión de la licencia de conducir por DUI.
- MADD – Organización sin fines de lucro dedicada a detener la conducción en estado de ebriedad.
Referencias legales:
- Terry v. Ohio, (1968) 392 U.S. 1, 20.
- Constitución de los Estados Unidos, enmienda IV.
- Código Penal 1538.5 PC – Moción para devolver propiedad o suprimir evidencia. (“(a)(1) Un acusado puede presentar una moción para devolver propiedad o suprimir como evidencia cualquier cosa tangible o intangible obtenida como resultado de una búsqueda o incautación por cualquiera de los siguientes motivos: (A) La búsqueda o incautación sin una orden fue irrazonable [como puede ser el caso de los arrestos por DUI en California realizados sin causa probable].”)
- Terry v. Ohio, nota al pie de página 1 anterior.
- Constitución de los Estados Unidos, enmienda IV.
- Terry v. Ohio, nota al pie de página 1 anterior, en 21 (“Y para justificar la intrusión particular, el oficial de policía debe poder señalar hechos específicos y articulables que, junto con inferencias racionales de esos hechos, justifiquen razonablemente esa intrusión [con respecto a una investigación de DUI en California].”)
- Ingersoll v. Palmer (1987) 43 Cal.3d 1321, 1327. (“[L]a finalidad principal de la parada [de DUI] aquí no era descubrir pruebas de delitos o hacer arrestos de conductores ebrios, sino promover la seguridad pública al disuadir a las personas intoxicadas de conducir en las calles y carreteras públicas. Por lo tanto, concluimos que la propiedad de las paradas de control de sobriedad involucradas aquí debe determinarse no por el estándar pertinente a las paradas de investigación criminal tradicionales [sospecha razonable/causa probable], sino por el estándar aplicable a las detenciones e inspecciones de investigación realizadas como parte de un esquema regulatorio en beneficio de un propósito administrativo.”)
- Constitución de los Estados Unidos, enmienda IV.
- Código Penal 1538.5 PC – Moción para devolver propiedad o suprimir evidencia, nota al pie de página 3 anterior.
- El abogado defensor de DUI de Oakland, John Murray, es un experto líder en defensas de DUI de California, incluida la falta de causa probable o sospecha razonable para las paradas de tráfico, investigaciones y arrestos de DUI. Tiene una amplia experiencia tanto en los sistemas judiciales del condado de Los Ángeles como del condado de Ventura y en audiencias del DMV de California.