Driving under the influence (DUI) charges are relatively common in California. They are one of a handful of crimes that may involve people with no intention of breaking the law. A variety of different scenarios can potentially lead to DUI allegations and significant penalties in California.
There are typically three main scenarios that result in people’s arrests for alleged impaired driving incidents.
Targeted traffic stops
A large percentage of DUI charges follow one-on-one traffic stops. Police officers spot someone engaging in potentially dangerous behavior on the road. They might slow down or stop for no reason readily apparent to others in traffic. They might swerve over the centerline or nearly go off the road.
Other times, the traffic stop may start for a minor violation, like speeding, only for an officer to suspect that the driver may have had too much to drink after interacting with them. Anyone who fails a breath test during a traffic stop could be at risk of arrest and prosecution. A blood alcohol concentration (BAC) of 0.08% is enough to lead to the arrest of an adult, while underage motorists could face prosecution for BAC of 0.01%.
Investigations after a crash
There is a strong correlation between impaired driving and collision risk. Police officers frequently scrutinize those involved in collisions to see if they have had too much to drink. Any signs of impairment during the investigation could lead to chemical testing and a motorist’s arrest. Complaints by the other driver or witnesses who saw the crash happen could also inspire an officer to test a driver’s BAC and arrest them in some cases.
Sobriety checkpoints or DUI roadblocks
Police departments across California sometimes decide to that screen many drivers at once for the protection of everyone in traffic. Sobriety checkpoints or DUI roadblocks often lead to the arrest of dozens of people in a matter of a few hours. Of course, when officers interact with individuals assuming they might be drunk, they may take small signs as an indicator of impairment and may ignore reasonable explanations provided by the driver.
People often need to look at the state’s evidence closely if they hope to successfully fight back against DUI charges. Explaining chemical test results or questioning the legality of a traffic stop could theoretically help someone avoid a drunk driving conviction.