Most people assume DUI arrests in California start with clear and obvious drunk driving patterns. But in reality, they usually begin with something small. Most DUI initial contacts happen for one of the following reasons:
👉 Speeding or a simple traffic violation
👉 Weaving slightly within a lane
👉 A broken taillight or expired tags
👉 A DUI checkpoint
👉 A minor accident
👉 Even just sitting in your parked car under certain circumstances
That’s right—most DUI cases start from completely ordinary police contact. Once an officer pulls you over or approaches your vehicle, they start looking for signs like:
- Odor of alcohol
- Red or watery eyes
- Slurred speech
From there, things can escalate quickly.
Usually, the officer asks you to complete field sobriety tests, shines a flashlight in your face to check for signs of pupil dilation or “nystagmus” (a pronounced involuntary shaking or jerk of the eye), and then administers a field breath P.A.S. (Preliminary Alcohol Screening) test.
If you refuse the breath test, things generally proceed to an arrest where the officer will offer you a breath or blood test at the police station or get a warrant to draw your blood. Either way the officer will get your blood if you refuse and, if you continue to refuse, you’ll lose your license for 1 year on a first DUI offense (and longer if you’ve had prior DUI convictions within a 10 years).
If you are thought to register a .08 BA or more, then the officer will also serve you with a pink sheet Temporary License and Notice of Administrative Suspension by the DMV. (This administrative action starts the clock; you have 10 days from the date of your arrest or suspension to set a DMV hearing to challenge the administrative suspension which can start in 30 days.)
Then comes your Criminal Case. Criminal DUI Charges under California Code Sections VC 23152(a) and VC 23152(b) are usually filed by the Court date you are given upon release from custody. However, if there was a blood test for alcohol or drugs, those results may not be completed for 3-4 weeks and can result in being notified of a later Court date.
This means that even if you show up to court on your scheduled date and find out that no charges have been filed yet, you aren’t necessarily “off the hook.” For misdemeanor DUI cases, charges can be filed up to 1 year after your arrest.
Early action can make a huge difference in your case
Contacting a DUI defense attorney as soon as possible can go a long way. Attorneys Nicholas and William Christoph are experienced North San Diego County DUI Defense attorneys and have handled thousands of DUI cases. They are listed in “Top Lawyers” San Diego Magazine and have been located across from the Vista Courts for over 40 years.
By contacting the DMV within the 10 day window, they can also at least delay any suspension stabilizing your life while you fulfill DMV requirements allowing you to get a restricted license. Call Christoph Law offices at 760-941-5720 today for a free consultation.
