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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When Can Police Order An Individual From His Or Her Vehicle During A DUI Stop?

If the police believe that a driver is impaired, they will ask them to step out of their vehicle at some point. If it turns out that the police did not have a sufficient reason to pull someone over, then a suppression motion can be used to challenge the stop, and the officer who stopped the individual will have to explain their reasoning to the court. If the court does not feel that it was sufficient, then none of the evidence they obtained as a result of the stop will be viable in court. This evidence includes statements made by the suspect, field sobriety test results, and chemical test results. In almost every case, the omission of such evidence will essentially nullify the prosecutor’s case and cause them to dismiss it. When there is a question as to whether or not the police should have pulled someone over, motions are useful. In some cases, the officers are not clear as to their reasoning for stopping someone, or the video will show that there was no reason for the stop.

What Are The Rights Of A Passenger In A DUI Stop?

When a driver is pulled over for DUI, the passenger in the vehicle does not really have any rights. If a passenger begins speaking up in defense of the driver, the officer can choose to arrest them for interfering with an investigation. If a passenger has clearly been drinking, they will occasionally be arrested for public intoxication. Oftentimes, an officer will question the passenger about where they and the driver have been and how much they have had to drink; under such circumstances, it is advisable for a passenger to respectfully decline to answer any questions, as they are not required to. The officer may ask for a passenger’s identification, but it is up to the passenger to provide them with it. While some officers may take some type of action if someone fails to provide identification, that doesn’t happen very often. However, unless there is a warrant out for someone’s arrest, there should be nothing to hide and it shouldn’t be a problem for them to provide their identification to the officer.

If an officer finds two or three people inside a vehicle that has broken down, run out of gas, or been involved in an accident, and if the keys to the vehicle are not on anyone and no information as to who was driving is provided to the officer, then it may be hard for the officer to arrest anyone. This is because, under such circumstances, the officer would be missing a key element of a DUI charge: identification of the driver. If no one admits to driving, the officers might try to pin it on the owner of the vehicle or simply arrest everyone. However, in order for someone to be convicted of a DUI, it must be shown beyond a reasonable doubt that they were driving while impaired with a blood alcohol level of 0.08 or more.

For more information on Getting Out Of A Vehicle In A DUI Stop, 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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