Legal Question in Criminal Law in California

Arrested for DUI at Home 2 Hours after Driving

I arrived home at aprroximately 9:30 to 10:30 PM after two stops and aprroximately 4 beers and two O'douls (O'douls were last two drinks) between 4 to 9 PM. At 1230 AM the next day the cops knocked at the door and my wife awoke me from a dead sleep. They explained that my vehicle was identified in a hit and run. They questioned me, I explained my whereabouts and explained that I was sure that I wasn't in an accident. I let them in to see the vehicle. I had a small scratch on the front bumper that I've had for some time. No Airbags deployed and this accident supposedly happended on a 55 MPH highway, in moving traffic.. They arrested me for a misdemeanor DUI and Hit and run at 115 to 130AM. What do you think? Was this a legal arrest?. My accuser supposedly had Mexican licencse plates.


Asked on 5/24/99, 10:58 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Arrested for DUI at Home 2 Hours after Driving

The facts in your question are a bit confusing. You state that the police came at 12:30 am which as I understand it is 30 minutes after midnight, which would be the next day. The accident allegedly occurred between 1 and 1:30 am. Thus the arrest would have occurred before the accident. If you were referring to 12:30 pm, which is 30 minutes after noon, then it was about 15 hours after your first drink. Alcohol is eliminated from the system at the rate of .02% per hour. Thus it would take 5 hours for a blood alcohol of .1 to return to 0. Many factors play a role in how quickly the alcohol is absorbed in the blood stream.

California has a provision that allows police officers to arrest a person for dui, withou seeing the person driving, if there is an accident. In this case there was an accident. If the police officer testifies that he could smell alcohol on your breath, that your eyes were bloodshot, or other conditions that are consistent with the consumption of alcohol and he saw damage to your car, that he believes was caused by the accident, he can arrest you.

You must immediately obtain the services of an attorney that does criminal defense. If you cannot afford to hire an attorney then you should contact the local bar association, or public defender's office. Each of these organizations should have a list of attorney's that will accept a reduced fee to represent you.

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Answered on 6/04/99, 1:44 pm
Eric Chase The Chase Law Group

Re: Arrested for DUI at Home 2 Hours after Driving

The police must have Probable Cause to arrest you for a DUI. One indicator of Probable Cause may be found if the arresting officer observed you driving or if you were involved in a collision. Furthermore, there must be evidence of intoxication aside from the collision to give the officer Probable Cause to believe you were driving under the influence. You may have a defensable case in which you should discuss in great detail with an experienced attorney. The Chase Law Group is one of the largest criminal defense firms in California and we have handled literally thousands of DUI cases. We're available to you 24 hours a day, 7 days a week. Please call our office @ 1-800-382-3100 for a FREE consultation.

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Answered on 6/02/99, 1:24 pm


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