How Long Does a DUI Investigation Usually Take in California?
If you have recently been stopped by police on suspicion of driving under the influence, you may be wondering how long the investigation is going to last. A DUI investigation can feel like a long and confusing process, particularly when you do not know what the officer is looking for or what will happen next.
There is no single time limit for how long a DUI investigation takes in California. A relatively straightforward traffic stop might turn into a DUI investigation lasting 20 or 30 minutes, while a more complicated investigation involving chemical testing, medical treatment, an accident, or an arrest can take considerably longer.
Just as importantly, the roadside investigation is only one part of the overall DUI process. A person can spend hours dealing with the arrest and chemical testing, while the criminal and DMV proceedings can continue for weeks or months afterward.
Understanding what happens during each stage can help you understand what to expect after a suspected DUI.
How Long Does a Typical DUI Investigation Take?
There is no California law that establishes a specific number of minutes that police are allowed to spend investigating a suspected DUI.
In a relatively routine case, the initial roadside investigation might take approximately 20 to 45 minutes, although there is significant variation from one situation to another.
An investigation can take longer if the officer:
- Asks you numerous questions about where you have been and what you have consumed
- Conducts several field sobriety tests
- Performs a preliminary alcohol screening test
- Investigates possible drug impairment
- Talks to passengers or witnesses
- Investigates a collision
- Waits for another officer
- Determines whether an arrest should be made
- Arranges transportation or additional testing
What Happens During a California DUI Investigation?
A DUI investigation generally begins with the officer observing something that causes concern about the driver’s ability to operate a vehicle safely.
That observation might involve driving behavior, an accident, an equipment violation, or another circumstance that leads the officer to investigate further. The investigation typically develops in stages.
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The Initial Traffic Stop
An officer may initially stop a driver for something that has nothing to do with alcohol or drugs. For example, the officer might observe speeding, an unsafe lane change, failure to signal, or another traffic violation.
During the interaction, the officer may observe things that lead to questions about possible impairment. These observations can include an odor of alcohol, bloodshot or watery eyes, slurred speech, difficulty locating documents, or an admission that the driver consumed alcohol.
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The Officer Asks Questions
The officer may ask questions such as: “Where are you coming from?”, “Where are you going?”, or “Have you been drinking?”.
Drivers should understand that their answers can potentially become evidence. An innocent attempt to explain what happened can sometimes provide prosecutors with statements they later use to argue that the driver was impaired.
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Field Sobriety Tests
If the officer develops additional suspicion, the officer may ask the driver to perform field sobriety tests. These can include the horizontal gaze nystagmus test, the walk-and-turn, and the one-leg stand.
Field sobriety tests can take several minutes, but the entire investigation may take much longer depending on the circumstances.
How Long Does a DUI Field Investigation Take?
An officer might decide relatively quickly that there is enough evidence to make an arrest. In another situation, the officer might spend significantly more time gathering information before making that decision.
The important legal question is generally not simply “How long did the investigation take?” Instead, questions can include:
- Why was the driver stopped?
- When did the officer develop reasonable suspicion of DUI?
- What observations did the officer make?
- When was the driver asked to perform field sobriety tests?
- Was the investigation unnecessarily prolonged?
- Was there a lawful basis for continuing the detention?
- What evidence was collected?
- Were proper procedures followed?
How Long Does a Breath Test Take?
A DUI investigation can involve more than one type of alcohol test. A preliminary alcohol screening device, commonly called a PAS test, may be used during the roadside investigation.
If the driver is arrested, California law generally requires a chemical test of the person’s blood or breath, with urine testing available in certain circumstances.
The timing of the test can matter. Alcohol concentration can change over time, meaning that the relationship between a person’s alcohol consumption, driving, arrest, and chemical testing may become an important part of the evidence.
How Long Does a DUI Arrest Take?
If the officer decides to make an arrest, the process can take considerably longer than the initial roadside investigation.
After an arrest, the driver may be transported to a police station, detention facility, jail, hospital, or other location depending on the circumstances. The driver may need to complete chemical testing and other booking procedures.
A DUI arrest following a routine traffic stop can therefore take several hours from the initial stop through release, although the exact amount of time varies considerably by agency, location, circumstances, and whether additional investigation is required.
What Happens After the DUI Investigation?
The end of the roadside investigation is not necessarily the end of the DUI process. If you are arrested, you may be dealing with two separate legal processes: the criminal DUI case and the California Department of Motor Vehicles administrative process.
The DMV process can involve the suspension or revocation of driving privileges following a DUI arrest. Importantly, the DMV administrative process has its own deadlines.
In many DUI arrest situations, a person has only 10 days from the date of receiving the suspension or revocation order to request an administrative hearing. Missing that deadline can have serious consequences. This is one reason contacting a DUI attorney quickly after an arrest can be important.
How Long Does a DUI Case Take to Resolve in California?
While the initial investigation might take less than an hour, the overall DUI case can take weeks or months to resolve, and some cases can take longer.
The timeline depends on factors such as:
- Whether the driver was arrested
- Whether there was a collision
- Whether anyone was injured
- Whether drugs are suspected
- Whether blood or breath testing was performed
- Whether the DMV license process is contested
- Whether motions are filed
- Whether the prosecution makes a plea offer
- Whether the case goes to trial
- Whether there are prior DUI convictions
A complicated DUI case involving an accident, injury, disputed chemical evidence, or multiple legal issues may take substantially longer than a straightforward first-offense case.
Can a DUI Investigation Be Challenged in Court?
A DUI arrest does not mean every piece of evidence collected during the investigation is automatically admissible or reliable.
Depending on the circumstances, a defense attorney may examine whether:
- The traffic stop was lawful
- The officer had reasonable suspicion to investigate DUI
- The detention was improperly prolonged
- Field sobriety tests were properly administered
- Chemical testing complied with applicable procedures
- Blood samples were properly collected and preserved
- Breath-testing equipment was properly maintained and operated
- The officer’s observations are consistent with video evidence
- Statements made during the investigation were properly obtained
- The prosecution can establish the necessary elements of the DUI offense
Contact a San Diego DUI Lawyer
If you have been arrested for DUI in San Diego, the fact that an officer conducted an investigation does not mean the case is over or that a conviction is inevitable.
The circumstances surrounding the traffic stop, the officer’s observations, the field sobriety tests, the chemical testing, and the amount of time you were detained can all be relevant to your defense.
California DUI law is complicated, and the DMV process can move quickly after an arrest. If you are facing a DUI charge, speaking with an experienced DUI defense attorney as soon as possible can help you understand your options and protect your rights.
Rick Mueller is a San Diego DUI defense attorney who represents individuals facing DUI charges throughout San Diego County. If you have recently been stopped, arrested, or charged with DUI, contact his office to discuss the specific circumstances of your case.
How Long Does a DUI Investigation Usually Take in California?