What Happens When a Drunk Driver Gets Arrested in Pasadena: A Step-by-Step Guide
Getting pulled over and arrested for driving under the influence (DUI) in Pasadena can be a frightening and confusing experience. The flashing lights, the field sobriety tests, the handcuffs – it’s a lot to handle in the moment. But understanding what happens after a drunk driver arrested in Pasadena can help you feel more in control and prepared for the road ahead. This guide will walk you through the process step-by-step, so you know what to expect and how to protect your rights.
The Initial Traffic Stop and Investigation
It all starts with a traffic stop. A police officer might pull you over for a moving violation like speeding or swerving, or you might be stopped at a DUI checkpoint. The officer will approach your vehicle and ask for your license, registration, and proof of insurance. During this interaction, they will be looking for signs of impairment, such as:
- The smell of alcohol on your breath
- Slurred speech
- Red, watery eyes
- Fumbling with your documents
If the officer suspects you’ve been drinking, they will ask you to step out of the car to perform a series of field sobriety tests (FSTs). These tests are designed to assess your balance, coordination, and ability to follow instructions. It’s important to know that in California, you have the right to refuse these tests. However, the officer may still arrest you based on other evidence. For more information on the reliability of these tests, you can refer to studies from the National Highway Traffic Safety Administration (NHTSA).
The Arrest and Booking Process
If the officer believes they have probable cause to arrest you for DUI, they will place you in handcuffs and transport you to the police station. At the station, you will go through the booking process, which includes:
- Having your fingerprints and photograph taken
- Providing your personal information
- A search of your person and belongings
You will also be required to take a chemical test to determine your blood alcohol concentration (BAC). Under California’s “implied consent” law, you are required to submit to a breath or blood test after a lawful DUI arrest. Refusing this test can result in an automatic one-year license suspension. The results of this test are a critical piece of evidence in your case.
The Two-Part DUI Process: DMV and Criminal Court
After your arrest, you will be facing two separate legal battles: one with the California Department of Motor Vehicles (DMV) and one with the criminal court. It’s crucial to understand that these are two independent processes with different timelines and consequences.
The DMV Administrative Hearing
From the date of your arrest, you have only 10 days to request a DMV administrative hearing to challenge the automatic suspension of your driver’s license. If you fail to request a hearing within this timeframe, your license will be automatically suspended. This hearing is your opportunity to present evidence and argue against the suspension. An experienced DUI attorney can represent you at this hearing and fight to protect your driving privileges.
The Criminal Court Process
The criminal court process begins with an arraignment, where you will be formally charged with a DUI and asked to enter a plea of guilty, not guilty, or no contest. This is followed by a series of pre-trial conferences, where your attorney can negotiate with the prosecutor for a plea bargain or file motions to challenge the evidence against you. If a plea agreement cannot be reached, your case will proceed to trial, where a judge or jury will determine your guilt or innocence.
What to Do After a DUI Arrest in Pasadena
The moments and days following a DUI arrest are critical. Here are some important steps to take:
- Remain Silent: You have the right to remain silent. Do not answer any questions from law enforcement without an attorney present.
- Contact an Attorney: The most important step you can take is to contact an experienced Pasadena DUI attorney as soon as possible. They can guide you through the legal process, protect your rights, and build a strong defense on your behalf.
- Request Your DMV Hearing: Remember the 10-day deadline. Your attorney can help you with this crucial step.
- Gather Evidence: Write down everything you can remember about the traffic stop, arrest, and booking process. This information can be valuable to your defense.
Being arrested for a DUI can feel like the end of the world, but it doesn’t have to be. With the right legal representation and a clear understanding of the process, you can navigate this challenging time and work towards a positive outcome. Don’t wait to get the help you need. Your future is too important to leave to chance.