Fighting A DUI Arrest: Prolonged Detention

Orange County DUI Attorney             

A DUI arrest in Orange County typically begins with a police or highway patrol officer pulling someone over for one reason or another. DUI Attorneys in Orange County know that these encounters can occur for any number of reasons. It may be a “saturation patrol” where officers are specifically looking to find and arrest a drunk driver, or it may just be a routine traffic stop for an equipment violation or traffic offense. In either case, once the officer detects any odor of an alcoholic beverage or the driver admits to drinking, the cop will conduct a DUI investigation with “voluntary” field sobriety tests and a “voluntary” breath test or preliminary alcohol screening(PAS) test as it is called. One way to fight a DUI is to show that the cop detained you longer than was necessary to address the initial reason for stopping you in the first place.

A police officer is not allowed to detain a driver for any time longer than necessary to complete the officer’s duty with respect to the initial violation for which he stopped you. People v. Gomez (2004) 117 Cal.App.4^th 351; Williams v. Superior Court (1985) 168 Cal.App.3d 349. Orange County DUI lawyers know that a police officer cannot impose a “general criminal investigation” on a driver who is detained for a traffic violation that is not reasonably necessary for the completion of the cop’s duty to issue a traffic citation unless the officer has independent reasonable suspicion that the driver has committed some other unrelated offense. The Fourth Amendment to the United States Constitution prohibits unjustifiably prolonged detention. This is applied on a case-by-case basis. In cases of a DUI it is generally held that administering field sobriety tests, questioning about drinking, and administering the preliminary alcohol screening test do not give rise to an unreasonably prolonged detention. People v. Bennett (183) 139 Cal.App.3d 602.

If the officer does delay the stop and is not sure whether to conduct a DUI investigation, then the driver’s Orange County DUI Lawyer will have grounds to bring a motion to suppress under Section 1538.5 of the California Penal Code.  So, for example, if a CHP officer stops a driver for exceeding the speed limit, and then isn’t sure whether to conduct a DUI investigation and calls for the assistance of another officer to help him or her make that decision, the delay in waiting for the backup officer may be sufficient to constitute a violation of the driver’s constitutional rights and the driver’s DUI Lawyer in Orange County could be successful in having the case thrown out or the charges reduced to a wet reckless.

If you have been arrested for a DUI in Orange County, it is in your best interest to consult with a DUI Lawyer in Orange County to learn what your options are and what defenses and strategies may be available in your case. Call the Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation with an experienced DUI Attorney in Orange County. Or visit our website at www.EJEsquire.com.   

Orange County DUI Attorneys