There are a number of things that can trigger a California driving under the influence (DUI) investigation. A police officer may observe a driver weaving, drifting between lanes, driving too slowly, braking quickly or exhibiting other driving patterns that are often associated with CA drunk driving. In some instances, a driver may be stopped for a different traffic violation, such as speeding or having a tail light out, and a driving under the influence investigation results.
Certain things must occur before a police officer can stop a motorist suspected of drunk driving in California. He or she must observe (1) a violation of the law that indicates a crime has taken place or (2) symptoms of drunk driving or of driving under the influence of drugs while the individual is actually driving or at a sobriety checkpoint or roadblock. If these conditions are not present, then any evidence gathered against the driver for California drunk driving most likely can get suppressed.
Sometimes people are stopped for suspicion of drunk driving in California after the police receive an anonymous tip that an individual was driving erratically and appears to be under the influence of alcohol or drugs. Previously, this type of DUI investigation could not take place unless the police officer actually observed the driver or other illegal activity taking place. Recently, however, a California Supreme Court decision determined that the police may conduct a DUI investigation based solely on anonymous tips provided to them. Because the police are still bound by other legal restrictions, a skilled California DUI attorney may be able to suppress any evidence gathered because of such a stop.
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