If you’ve been arrested for driving under the influence securing an experienced Stockton DUI attorney should be your first priority. This post serves as insight for what to expect when experiencing a Stockton DUI arrest. Knowing what to expect helps you remain calm and make wise choices in the heat of the situation. Always remember to make Stockton DUI Attorney Erica Bansmer your first call, 209.474.2400.
Once you’ve been placed under arrest, you will be transported to a designated facility based on your condition. The arresting officer will take you to a nearby hospital, the police station or jail. Upon arriving at the location, a test is administered to track your blood alcohol level. This test can be found with a blood test or a breath test. Both tests are given to reveal the level of alcohol in your blood however there are stark differences in the testing process. The most critical difference is in the results. Blood tests must be sent to a lab for readings. These results can take up to several days for completion. The breath test provides law enforcement with an immediate analysis of your blood alcohol level.
Deciding to Take the Chemical BAC Test
If you concede to taking a breath test and the analysis shows an illegal level of BAC, you will be charged for driving under the influence. The arresting officer must issue a copy of the notice of suspension, revocation or possession of a license to the DMV immediately. The DMV will proceed with an administrative review of the charges. They will review the officer’s report, the order for suspension or revocation and any related test results.
If you refuse to take a chemical test for your BAC analysis, you will be arrested for drunk driving. Your refusal will add the charge of “refusal allegation” to the DUI charge. There are additional penalties associated with BAC chemical testing refusals. Your license will be suspended for a set number of days, and you will be held in a cell for several hours before being released. After being released your case will be reviewed by the local prosecutor who will determine to dismiss the charges or officially submit Stockton DUI charges against you.Back to blog home