How are the Police Allowed to Arrest you for a Los Angeles DUI if they Don't Know What Your Blood Alcohol Level Is? This is an interesting question.  People get pulled over all the time, and they get arrested by the police. If the police don't have your blood alcohol level in a DUI case, what gives them the right to arrest you?

Here's where the police have some discretion, and the DMV also plays a crucial role.  First, there's something called the Implied Consent Law.

This law means that, when you get your driver's license, you have to agree that if the police, at their discretion in Los Angeles, suspect you're driving under the influence of something — whether it's alcohol or drugs — then you have to consent to give a blood or breath test.

The DMV enforces this law and ensures that all drivers understand and comply with it. This law is designed to ensure the safety of all drivers on the road.

So, if you refuse to comply with the Implied Consent Law, it will be considered a refusal.  This refusal will lead to your immediate arrest, with the presumption that you're driving under the influence. As a result, you'll lose your driver's license for a year.

So, they're allowed to arrest people is one easy way if they have the preliminary alcohol screening device.  If you take it, and your blood alcohol level is a .08 or greater, then that makes it easy for them.

They can arrest you, take you to the police station, and administer either a blood test or the more accurate Intoxilyzer 3000. The Intoxilyzer 3000 is a breathalyzer that measures the alcohol content in your breath, providing a reliable indication of your blood alcohol level. This is a straightforward process that the police follow in such cases.

But a lot of times, they don't have the preliminary alcohol screening device, or people realize that they don't have to consent to that little device.  So, what they have to do then is look at the surrounding circumstances.

Let's say you are swerving on the freeway like you're drunk.  That would make it easy to give them probable cause to arrest you.  But they'll go further than that.

Field Sobriety Tests

They're going to do the field sobriety tests. These tests are designed to determine whether or not you can safely operate a motor vehicle. They assess your balance, coordination, and ability to follow instructions. If you fail these tests, that will give them probable cause to arrest you.

They could take you in and then give you the blood or breath test option, and they would be justified. Even if people take blood, they realize they're getting arrested; they take their blood, but they don't even know what the blood result is until much later. Sometimes, a week or two lasts even longer.

So, they're relying on how you performed on the field sobriety test and a whole host of other factors.  How did your breath smell?  Did it smell like alcohol?  Were you stumbling as you were walking?  Was your speech slurred?  Were your eyes bloodshot and watery?

The California Highway Patrol, equipped with specialized training, is adept at determining whether someone can safely operate a motor vehicle. This training ensures that the police can make informed decisions about DUI arrests, contributing to public safety.

Probable Cause

Now, if somebody is so intoxicated that they can't perform the test or they're on drugs, and they're slumped over and passed out at the wheel, that would make it easy for the police to arrest the person. This is a clear case of 'probable cause ', a legal standard that means the police have reasonable grounds to believe that you're under the influence. 

So, really, what you're looking at — what it boils down to — is, do they have probable cause that you're under the influence of something — whether it be drugs, alcohol, anything — even prescription medication?  If they do, you have to cooperate with them, and they can arrest you.

Of course, your attorney can unravel things once everything comes out once your blood alcohol level comes up, but out in the field, the police have to be given that opportunity to arrest.

They have to be given that leeway; otherwise, they wouldn't be able to arrest anybody because it would be difficult to determine whether or not they were under the influence of something and driving in Los Angeles against the law.