The story of a DUI
Your DUI case likely all began when you were out driving and suddenly there were flashing lights in your rear-view mirror, probably the sound of a siren from behind. A uniformed police officer approached and, after talking with you for a few minutes, asked you to get out of the vehicle. In the mean time, he may have stepped back to his patrol car and called for backup.
He asks you to follow along with him through a few very confusing games which he may or may not have informed you are "field sobriety tests" (FSTs). As explained in the section DUI FSTs, these tests are designed (poorly in my opinion) to measure any coordination impairment you may suffer from alcohol. Of course, if you're like most people, and me, coordination impairment is a chronic condition. Without any warm up, he asks you to perform balance exercizes and parlor tricks. Out of left field, he quizzes you about numbers and letters. He has you follow his finger around with your eyes, while standing still, without moving your head, out of your line of sight, etc.
Now, you may not know this, but you are already under arrest. Even though he doesn't read your Miranda rights, and even though he continues to ask incriminating questions, such as "Have you had anything to drink tonight?" It is your constitutional right not to answer these questions, but you figure, "hey if I cooperate, he will probably let me go", right? No. Just the opposite. Usually, if you admit anything incriminating to a police officer, he wil use it to bust you in any way applicable under the law. That's his job.
At this point, he may ask you to give a voluntary breathalyzer test. This whole time, you are being evaluated for your breath, your eyes, your posture, the way you smell, how you speak, what you say, and any other factor which the police officer can use to arrest you and charge you with a crime. He may even ask your permission to search your car. Of course, he doesn't have the right to do that, but if you give him permission, then he does.
Finally, the moment of truth comes. The officer announces, "please place your hands on the vehicle and your legs shoulder width apart." Its a horrible thing to hear. Here, your buddy, with whom you were so cooperative and helful, turns on you without warning. He places handcuffs on you, reads you your Miranda rights (after the important part is over), and tells you that you're being charged with being a drunk driver.
What happens next is up to you. Usually, you will post bail and go home, embarrased, humiliated, frightened, and with muscle aches from the cold concrete of the city or county holding cell. You don't know WHAT to do. You have a couple of pieces of paper, your worldly possessions in a ziplock(R) bag. Your car is probably in the impound yard, being held hostage for a couple of hundred bucks you don't have. Mental paralysis sets in. You really just want to take a shower and hide out for a few days. Something must be done, but what?
To learn more, click on any of the California DUI-related links above or below.