At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at OR Call us at: (415) 523-7878

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What Is The Difference Between Being Arrested And Being Detained In A DUI Case?

Once someone has been stopped by an officer, I believe it should be considered a detention from that moment going forward. The officer will ask questions, try to get people to take field sobriety tests, and have them blow into the preliminary alcohol screening machine. If the person blows a level of 0.08 or greater or refuses to take the test, then the officer will have enough information to arrest that person for DUI. At that point, the officer must read the person the Miranda rights before asking them any further investigatory questions.

Do I Have To Answer Any Questions Or Show My ID When Stopped By Police Under Suspicion Of DUI?

There are some attorneys who will say that a person doesn’t even need to show their ID when being stopped by a police officer, but if someone does that, they will likely be arrested. It is a good idea for a person to hand over their ID so that the officer can determine whether they are on probation for any prior convictions. If someone is on probation for a DUI and the officer detects alcohol on their breath, then they will be subject to a variety of penalties, including loss of license and jail time.

For more information on Being Arrested vs. Being Detained In A DUI, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.

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Aaron Bortel
With 30 years of specialized experience in DUI defense, Attorney Aaron Bortel is a dedicated advocate for those facing DUI charges in the Bay Area. Committed to helping clients avoid jail, save their driver’s licenses and jobs, and prevent permanent criminal records, he combines deep legal expertise with genuine care for his client's welfare. Trust in a lawyer who not only defends but truly supports you through challenging times.

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