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Police Conduct For DUI

 
Neil Shouse
Meet the Expert
www.southern-california-dui-defense.com
  • What is 'probable cause' as it applies to a DUI?
  • Are police DUI checkpoints constitutional?
  • What is suppression of evidence in a DUI case?
  • Are field sobriety tests considered constitutional searches?
  • If I am arrested for a DUI do I have to spend the night in jail?
  • What is 'bail' and 'bond' in a DUI case?
  • After I have been arrested for a DUI, when am I formally charged with the crime?
  • What is the standard amount of bail in a DUI case?
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DUI Proceedure
Police Conduct For DUI (Now Playing)
  1. Neil Shouse
 Chemical Tests For DUI 
  1. Neil Shouse
  2. What are 'chemical tests' as they are used in a DUI arrest? 
  3. What is the 'implied consent law'? 
  4. When does a motorist have the right to refuse a chemical test during a DUI arrest? 
  5. What are the known errors associated with DUI breath tests? 
  6. What is the most accurate test to measure a motorist's BAC? 
  7. Can mouthwash or treatments increase my BAC on a breath test? 
  8. What are some scientific errors associated with DUI breath tests? 
  9. How can belching, vomiting, or hiccups affect my BAC? 
  10. What is the margin of error for chemical DUI tests? 
  11. Do I have the right to an independent chemical test if I am arrested for DUI? 
  12. Is it a good idea to refuse sobriety testing if I think the police are going to arrest me? 
 DUI's And Police Rights 
  1. Neil Shouse
  2. Can a police officer visually inspect the inside of my car if I am stopped for a DUI? 
  3. Can police officers search my vehicle if I am stopped for a DUI? 
  4. Can police officers search my glove box and trunk if I am stopped for DUI? 
  5. Can police officers search my person or my personal belongings if I am stopped for a DUI? 
  6. If the intoxicated driver is not the owner of the vehicle can the owner face charges for a DUI? 
  7. Do the police have the right to search non-driving occupants of a vehicle during a DUI stop? 
 Sobriety Tests For DUI 
  1. Neil Shouse
  2. Can the police use my statements during a DUI arrest as evidence in court? 
  3. What are three nationally standardized DUI field sobriety test? 
  4. Are DUI field sobriety tests accurate and reliable? 
  5. What if I have physical limitations and a police officer orders me to perform a field sobriety test? 
  6. What is the 'horizontal gaze nystagmus' or HGN test? 
  7. What are non-standardized DUI field sobriety tests? 
  8. Do I have the right to refuse a field sobriety test if I am stopped for a DUI? 
  9. What are 'Miranda Rights' and how do they pertain to a DUI arrest? 
  10. What is a 'preliminary breath test' or PBT and how is it used during a DUI arrest? 
  11. Do I have the right to refuse a preliminary breath test if I am pulled over for DUI? 
  12. How accurate is the preliminary breath test during a DUI arrest? 
Neil Shouse Mr. Neil Shouse
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Police Conduct For DUI

What is 'probable cause' as it applies to a DUI?

Are police DUI checkpoints constitutional?

What is suppression of evidence in a DUI case?

In a DUI case, suppression of evidence refers to a situation where a person was either pulled over or arrested without a probable cause. The police have to justify why they pulled you over and why they arrested you, and in court you are entitled to have a hearing where you can challenge whether or not the police had justification for doing those things. Typically at that hearing, called a 'suppression hearing', there will be testimony from the police officers, sometimes testimony from you or witnesses at the scene, and a judge will make that decision. If the judge determines that the police did not have probable cause to pull you over or arrest you, then typically the judge will throw evidence out of court and often will dismiss the entire case.

Are field sobriety tests considered constitutional searches?

Field sobriety tests are considered constitutional searches. However, unknown to many people, field sobriety tests are voluntary. That means the police cannot require you to do them. Oftentimes, the police will not tell you that they're voluntary, but in fact they are, and I advise people not to perform them.

If I am arrested for a DUI do I have to spend the night in jail?

Typically, the police would want to detain you in jail at least until you sober up. Sometimes people are released very quickly. Other times, people do spend the night in jail. Sometimes people spend several days in jail before they either post bail or appear before a judge.

What is 'bail' and 'bond' in a DUI case?

Bail, in the context of a DUI arrest, is a deposit that you place in order to be released from jail. It's a refundable deposit. That means if you show up to all of your court appearances, then at the end of the case, the judge will exonerate the bail and refund your money to you. If you fail to show up for court, or fail to appear for any of your required court appearances, then your bail will be forfeited and you will lose the money. It's money that you put down in good faith, so to speak, to assure that you will appear in court.

After I have been arrested for a DUI, when am I formally charged with the crime?

What is the standard amount of bail in a DUI case?

The standard amount of bail in a Driver Under the Influence (DUI) arrest can range anywhere from around $250 at the low end to in excess of $50,000 at the high end. However, this cost really depends on whether there are prior DUI convictions, and in particular whether there was an accident in which somebody was injured. If it's a multiple offense, or if the DUI caused injuries to third parties, then the bail will be considerably higher.

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  • What is 'probable cause' as it applies to a DUI?
  • Are police DUI checkpoints constitutional?
  • What is suppression of evidence in a DUI case?
  • Are field sobriety tests considered constitutional searches?
  • If I am arrested for a DUI do I have to spend the night in jail?
  • What is 'bail' and 'bond' in a DUI case?
  • After I have been arrested for a DUI, when am I formally charged with the crime?
  • What is the standard amount of bail in a DUI case?

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