were you lawfully arrested on dui?

Probable Cause in a DUI arrest

In California, the arresting police officer must be able to substantiate and prove probable cause for pulling you over. This is a very important factor concerning the lawfulness of your DUI arrest.

Law enforcement personnel must have a valid reason to detain, test, and question you on suspicion of DUI for your arrest to legal. The officer must be able to state actual behaviors or driving patterns that he or she observed as the reason for stopping you. You must have broken the law or othewise warranted being detained and assessed for drunk drving.

Field Sobriety Tests are Voluntary

If you are being examined and assessed for drunk driving, the police should advise you that all field sobriety tests are completely voluntary, and you are under no obligation to perform a walk and turn test, a one leg stand, horizontal gaze nystagmus or any other form of preliminary roadside sobriety testing.