What is a warning for driving under the influence (DUI) in California? Sometimes, these warnings are given by police officers who decide not to arrest you. However, many police officers do not issue warnings in DUI cases.
Police officers may also issue a Miranda warning during a DUI arrest. You should also be aware of California’s Implied Consent Warning for DUI cases. This warning requires you to submit to blood alcohol content (BAC) testing in some situations. Learn more about these warnings right here.
Getting a Warning After a DUI Stop in California
Police officers sometimes issue warnings to drivers they pull over. These warnings are often given to drivers who were speeding, for example. If you were breaking the speed limit by a small amount, a police officer may let you go without issuing you a ticket.
Some drivers are given warnings after a DUI stop. However, this is not common. Most police officers will arrest you if they believe you are operating a vehicle under the influence of alcohol or drugs. You should not expect to get off with a warning if you are stopped after drinking and driving.
DUI Cases and Miranda Warnings in California
Your Miranda rights are very important. They may protect you from police misconduct, even at a DUI stop in California. However, police officers only have to read you your Miranda rights if they are arresting you formally. They do this with a Miranda warning.
This means police officers may question you before they read you your rights. They may attempt to ask you probing questions to build a case against you. For example, many police officers will ask:
- Where you were driving from
- How many drinks you had
- If you were at a bar earlier
Note that you may politely decline to answer these questions, even if an officer did not read you your Miranda rights yet. You should also be aware that police officers often don’t recite a Miranda warning as you’ve likely seen it done on television.
You can contact a lawyer if you believe a police officer did not properly inform you of your Miranda rights. Failure to issue a Miranda warning could result in your charges getting dismissed. Find out more about the importance of your Miranda rights in a DUI case by calling (310) 896-2723.
DUIs and California’s Implied Consent Warning
All drivers in California automatically offer “implied consent.” This implied consent applies if you are stopped and a police officer believes you are driving under the influence. Implied consent means that you agree to perform a blood alcohol content (BAC) test if you are arrested.
You give your implied consent every time you drive. The act of driving means you have consented to these tests. Note that you may choose the kind of test that you take. Depending upon your situation, you may choose to take a:
- Blood test
- Breath test
- Urine test
Breath tests are the most common type of BAC testing performed. Blood tests are also common. Urine tests are sometimes only offered if breath and blood tests are not available. Also note that you only have to take these tests once you are arrested.
Refusal to comply with California’s implied consent laws may have legal consequences. You may face the immediate suspension of your license if you refuse to complete a BAC test after a DUI arrest.
Get Help Understanding DUI Warnings in California
As you can see, there are a number of warnings associated with DUI charges in California. You may avoid a ticket if a police officer lets you go with a warning. You may also be informed of your Miranda rights if you are arrested for a DUI.
After a DUI arrest, you must complete some form of BAC testing due to California’s implied consent laws. A lawyer can help you build a defense even if your BAC results are over the legal limit. Your lawyer may work to show that you were not informed of your rights. Allow a lawyer to handle your case in and out of the courtroom here in California.
Speak to a Lawyer About a DUI Warning in California
A DUI warning may apply to several aspects of a DUI arrest. You may avoid a ticket altogether if a police officer only warns you about your behavior. You may also get a warning about your Miranda rights and you may be impacted by California’s Implied Consent Warnings. Find out more about this subject with the Simmrin Law Group. Contact us by calling (310) 896-2723. You can also fill out our online contact form.
We provide free consultations to drivers in your situation.