Sometimes, we get clients who wonder why a police officer can arrest them for DUI without a warrant. California Vehicle Code Section 40300.5 covers this. It allows officers to make arrests without a warrant in certain DUI-related situations.
If you were arrested and these conditions were not met, then you may have a good chance of getting your case thrown out with the help of a Los Angeles DUI defense lawyer. Simmrin Law Group has attorneys ready to help you fight your case in any court in California or federal court.
If you’ve been arrested for DUI without a warrant and want to know if it was a legal arrest, here’s what you need to know. If you feel your civil rights were violated, contact our offices immediately for a free consultation.
About California Vehicle Code 40300
This law expands an officer’s authority to make a warrantless arrest for DUI. According to the statute, an officer can arrest a person without a warrant if they have reasonable cause to believe the person was driving under the influence of a substance and one of the following conditions exists:
- The person is involved in a traffic crash.
- The person is observed in or about a vehicle that is obstructing a roadway.
- The person will not be apprehended unless immediately arrested.
- The person may cause injury to themselves or damage property unless immediately arrested.
- The person may destroy or conceal evidence of the crime unless immediately arrested.
It may surprise you to know that many DUI arrests in California are made without a warrant. Arrest warrants for DUI are normally only given in cases involving felony DUI in this state. Let’s look deeper at these other conditions for a warrantless DUI arrest.
Involved in a Crash
The police will want to check on everyone’s health after a crash and then find the responsible party. If you show signs of DUI, the officer will probably assume you were at fault and arrest you so they can confirm it with a breath or blood test.
Obstructing the Roadway
Obstructing the roadway with a vehicle creates a traffic hazard that could lead to a crash. Intoxicated victims sometimes park in a way that blocks traffic. If you are in or near such a vehicle and you seem drunk or high, you can be arrested without a warrant for DUI.
You Might Get Away
If an officer thinks you’re intoxicated and it looks like you might flee and you wouldn’t be caught, you will be arrested, so you cannot get away.
You Might Hurt Yourself or Damage Property
Officers must protect the public and prevent property damage. If you’re at risk for either, you may be arrested for your own safety and/or the safety of the property.
You Might Destroy or Conceal Evidence
The police and the prosecution will need to show evidence of your intoxication. If it looks like you will destroy or hide evidence that you were intoxicated, you can be arrested on the spot.
For a free legal consultation with an arrest without a warrant in dui cases lawyer serving California, call (310) 896-2723
Why This Law Matters
Understanding Vehicle Code 40300.5 is crucial because:
- It affects how DUI arrests can be made and challenged in court.
- It impacts your rights during a DUI stop and arrest.
- Violations of this law could potentially lead to the dismissal of DUI charges.
Officers do not always need a warrant to arrest someone for DUI. You also don’t need to be in a vehicle. If you are “in or about” a vehicle obstructing the roadway, that is enough for a DUI arrest.
An officer also doesn’t have to give you a breath test or a field sobriety test before arresting you without a warrant for DUI under CA VEH section 40300.5. Your actions showing probable cause for intoxication and the presence of one or more of the five other factors is enough.
California Arrest Without a Warrant in DUI Cases Lawyer Near Me (310) 896-2723
Challenging a Warrantless DUI Arrest
If you’ve been arrested for DUI without a warrant, possible grounds for challenging the arrest might include:
- Lack of reasonable cause: The officer didn’t have sufficient reason to believe you were driving under the influence.
- Absence of specified conditions: None of the conditions listed in 40300.5 were present at the time of arrest.
- Constitutional violations: Your Fourth Amendment rights against unreasonable search and seizure were violated.
- Misinterpretation of circumstances: The officer misunderstood or misrepresented the situation.
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The Importance of Hiring a DUI Defense Lawyer
The specific circumstances of your arrest are critical in a DUI case involving a warrantless arrest:
- Were you involved in a traffic crash?
- Was your vehicle genuinely obstructing the roadway?
- Could you have realistically fled or evaded arrest?
- Was there a real risk of you causing harm or destroying evidence?
Each of these points can be crucial in challenging the legality of the arrest. You should consider seeking legal help from Simmrin Law Group if:
- You believe your arrest was unlawful: If the conditions for a warrantless arrest weren’t met, our attorneys can challenge the legality of the arrest.
- There are discrepancies in the police report or procedures: Our experienced attorney can identify and exploit inconsistencies.
- You’re facing additional charges: If other offenses are tied to the DUI arrest, the case becomes more complex, and you may need legal help.
- It’s not your first DUI: Repeat offenses carry more severe penalties, making skilled legal representation crucial to avoid them.
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Call Simmrin Law Group for Help
Simmrin Law Group has extensive experience defending people against DUI-related charges, including warrantless arrests. If you’ve been arrested under California Vehicle Code Section 40300.5, contact us immediately for a free consultation.
We’ll work to challenge your warrantless DUI arrest and build a strong defense. The consequences of DUI convictions can last for years and cost tens of thousands of dollars to clear. Don’t let a mistake by the police cause your life to skid. Call now.
Call or text (310) 896-2723 or complete a Free Case Evaluation form