DUI Arrest At Home

April 8, 2013

DUI Arrest At HomeDefending Los Angeles DUI where there is a DUI arrest at home can be easy for Los Angeles DUI attorney.  A person who is arrested for DUI at home can easily argue that at the time of driving he was not impaired.

Usually, a police officer has to personally observe a misdemeanor to arrest without a warrant (Penal Code section 836).  In 1997, an exception to this rule was created so that now police does not need to observe commission of a misdemeanor to arrest for violations of the Vehicle Code.  (Vehicle Code section 40300.5).  That exception flies in face of the Search and Seizure protection of the U.S. Constitution.

Now, police can make DUI and other arrests when there is no observation of driving if:

(1) “the person was involved in a traffic accident, or

(2) the person is observed near a vehicle that is obstructing a roadway, or

(3) the person will not be apprehended unless immediately arrested, or

(4) the person may cause injury to himself or herself or damage property unless immediately arrested, or

(5) the person may destroy or conceal evidence of the crime unless immediately arrested.  This statute can be applied to make DUI arrest at home when the police believes that one of the above reasons can be used.

Los Angeles DUI lawyer can help you avoid conviction when you are arrested for a DUI under Vehicle Code section 40300.5

Here, our focus is on discussion the fifth exception to the warrantless arrest requirement (CVC 40300.5(e)).  The Supreme Court of California interpretation of this statute in Thompson, permits arrest of drivers suspected of a DUI when driving was not observed by officers and when the driver is at his home.  It stops protection of the 4th amendment so that police is permitted to enter a home where they believe DUI driver lives to arrest him without a warrant on a tip from a civilian.

In People v. Thompson, a 2006 case (38 Cal. 4th 811), defendant was home when the police arrived on a tip by a civilian.  Fearing that Thompson’s blood alcohol level will dropped naturally if arrest is delayed, police entered Thompson’s home without permission or warrant and arrested him for a DUI.  Supreme Court upheld the conviction reasoning that  Section 40300.5 permits such arrests under the “exigent circumstances” exception to the 4th amendment.

So, it appears that police is allowed to arrests a person suspected of a DUI no matter where he is located and no matter if the officer observed driving or not.  If you or your loved one is arrested for a DUI in Los Angeles, you will need help of a DUI defense attorney skilled in litigating search and seizure issues.  Do not fear, Los Angeles DUI attorney can be very successful in defending DUI arrest at home even after Thompson.  All search and seizure litigation are fact specific and require analysis by our skilled DUI defenders who are able to differentiate cases and show that your case is unique and warrants suppression.  For example, in Thompson, the door to his home was left open, and the entry by the officer was only a few feet beyond the threshold of the house.  Thus, the court believed the intrusion was minimal, and in the process limited Thompson to its facts.

Also, later federal cases reach contrary conclusion to California Supreme Court and conclude that some DUI arrest at home might be illegal.

For facts specific discussion of your case please call (818) 921 7744   to talk directly with an attorney.  We can help you fight your DUI case no matter how desperate your situation might seem.  Our defense focuses not only on defending your DUI but also on keeping your driver’s license and any professional license you might have.  Los Angles DUI lawyer is known to provide quality representation at affordable price.  Los Angeles DUI attorney experience allows him to know exactly how to approach every case and get the best possible deal for his clients.  If negotiation fails, Lawyer will aggressively defend your case in trial court.  Call (818) 921 7744 for a free consultation now.

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