(1) Fresno Police Traffic Stop and DUI Investigation

In most cases, the police officer will pull a car over after the officer has allegedly witnessed some form of a traffic violation. These traffic violations can include running a stop signal; the car having a broken tail light; speeding; or weaving in and out of lanes. After an officer has stopped the car, they will try and determine whether or not the driver has consumed alcohol. Many drivers may actually voluntarily tell the police officer that they have had a few drinks, or they were coming home from the bar. Based on this information, the police will often have the driver exit the vehicle to continue their investigation into a possible DUI. They generally ask a series of questions related to alcohol consumption, including: "How many drinks have you had?" or "Where are you driving to?"

The purpose of the officer asking these types of questions is an attempt to determine the level of the driver's intoxication. This information is considered "objective symptoms of intoxication," or OSI's. If the officer determines the driver has a sufficient level of OSI, they will ask for a breath sample, or preliminary alcohol screening (PAS). In fact, you are not required to take a PAS. This breath test is only for investigative purposes and is not the same as the breath sample you will be required to give after an arrest.

(2) The Fresno DUI Arrest

If the driver has submitted to the PAS and results show the driver to be above the legal limit, the officer may arrest the driver. Or, if the police officer thinks the driver has performed poorly on any number of the administered field sobriety tests (FST's), the officer can arrest the driver. A police officer can also arrest a driver if they think the driver cannot operate the vehicle safely. In California, the two most common DUI charges include:

Vehicle Code §23152(a), driving under the influence; and 
Vehicle Code §23152(b), driving with a 0.08 percent or higher blood alcohol content (BAC)

(3) Administrative California DMV Hearing

After being arrested for a DUI, the police will confiscate your driver's license, and give you a copy of a pink paper. This paper acts as a temporary license, titled Suspension Order and Temporary License. The paper serves as a temporary driver's license for 30 days, and as a notice that the temporary license will be automatically suspended after 30 days, unless you request a DMV hearing.

It is important to understand that a driver only has 10 DAYS from the date of arrest in Fresno to request the DMV hearing. If the driver does not request the hearing, the suspension is automatic. If the driver does request a hearing within the 10 day deadline, suspension will be postponed until after the DMV hearing. The hearing can be done by telephone or in-person, but in-person hearings are generally recommended.