Walk It Through: Pulled Over In California
Insurance on a phone, the notice to appear, and two different breath tests.
Lights behind you on the freeway. The officer asks for your license and proof of insurance.
Two things a person in this spot might do. Picking one shows what the law says about it.
Two stops and one arrest. Whether a stop was lawful, the other field sobriety tests, the penalties after a conviction, and the under 21 rules are not covered here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Driving under the influenceDriving under the influence of alcohol or any drug, or with 0.08 percent or more of alcohol in the blood. A first conviction carries not less than 96 hours in county jail.
- Notice to appearThe notice an officer writes for a Vehicle Code violation that is not a felony. Signing it is a written promise to appear, and once the driver signs, the officer releases the driver.
- Implied consentA driver lawfully arrested for driving under the influence is deemed to have consented to a chemical test of blood or breath. A refusal with no prior offense within 10 years suspends the privilege to drive for one year.
- Preliminary alcohol screening testA field sobriety test the officer tells the person can be refused.