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The DUI Arrest Process in Hayward, California

Perhaps you stopped off to have a drink with friends at The Dirty Bird Lounge on Mission Blvd. in Hayward, California. The incredible drinks, great music, pool tables, televised sporting events, and overall “cool” atmosphere are great stress relievers after a tough day at work.

Or, perhaps you stopped off at the Shar-Ade on Mission Blvd. for some terrific fried fish, R&B music, and a generous mixed drink. You might have simply been headed home after work when you found yourself in the middle of a Hayward DUI checkpoint on Mission Blvd. and Hampton Rd. Perhaps you wandered into it accidentally. Regardless of the circumstances of the arrest, the DUI arrest process will be the same.

Here are the routine steps the officers will take:

  • You may be asked to participate in field sobriety testing
    • You are not legally obligated to do so
  • You may be administered a preliminary alcohol screening test
    • Again, this test is voluntary.
  • If the officer believes there is sufficient evidence to support DUI charges, you will be charged with the crime and transported to the police station.

Once at the police station you will be given the choice of a blood or breath test—this time, participation in the test is mandatory. Should you refuse, you will face a one-year driver’s license suspension regardless of the results of your DUI case.

Things you need to know about the arrest process:

  • You will be allowed to make a phone call, which should be to an attorney.
  • You must request a DMV hearing within ten days of your arrest.
  • Your DUI attorney may, with your approval, negotiate a plea bargain.
  • If no plea bargain is reached, you will face a trial for your DUI charges.

The Most Common DUI Myths

Perhaps you, like many others, believe the following myths associated with DUI charges. Such misconceptions can hurt you, therefore distinguishing the myths from the reality is important.

These myths include:

Having a BAC less than the 0.08 percent legal limit lets you off the hook. In fact, there are instances in which you can be charged and convicted of a DUI when your BAC is less than the legal limit. If the state of California can definitively show your ability to drive was significantly impaired by the alcohol you drank—even absent a 0.08 percent BAC test, you could find yourself being charged with a Hayward DUI.

You cannot be charged with a DUI if you are taking legally-prescribed drugs. In fact, even if you are taking a legally-prescribed drug, such as a narcotic painkiller, and are taking it exactly as prescribed, you could still face DUI charges if the police officer can show your driving ability was significantly impaired.

If you fully cooperate with the police officer and pass all the tests, you will be allowed to go home. Field sobriety tests are not designed to be passed, and many sober people are unable to pass the tests. In many, many cases, the officer who pulls you over has already judged you guilty; therefore, your best course of action is to stay silent and call an experienced Hayward DUI attorney.

You can’t get a DUI if you are not driving. As many shocked people who now have a DUI on their record can tell you, this is just not true. If you were so intoxicated that you pulled off the road and decided to sleep it off for safety’s sake, you could still find yourself being charged with DUI—especially if you left the keys in the ignition. The theory behind this is that you were still in control of the vehicle even though you were sound asleep, and that you could have woken up, still in your impaired state, and driven off.

One court upheld a DUI conviction where the woman was asleep in her car, the car was hopelessly mired in mud, and she had two blown tires. Unfortunately, her keys were in the ignition, and the court upheld the theory that she could have driven if she chose to. We rarely think about being charged with something we might have done, and an experienced DUI lawyer is crucial in such a case.

Getting the Legal Help You Need

If you have been charged with a DUI in Hayward, it is imperative that you contact an experienced Hayward DUI attorney as soon as possible. It is equally important that you not speak to the police until you have discussed your case with your attorney. In order to ensure your rights are fully protected following your DUI charges, call a knowledgeable Hayward DUI defense attorney at the first available moment.


Call the Oakland Law Offices of Nabiel C. Ahmed at (510) 907-6600 today to set up a free review of your case. We are also available for phone consultations and jail interviews. Fill out a confidential contact form today!


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