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California also has a limit of 0.01% for drivers who are under 21 or on probation for previous DUI offenses pursuant to California Vehicle Code Sections 23136 and 23140. California also makes it illegal for persons who are on probation for a DUI conviction to drive with a blood or breath alcohol concentration of 0.01% or greater pursuant to ...
1. reasonable suspicion 2. probable cause 3. arrest (including invoking the implied consent law) 4. criminal charge and "civil law" sanctions [55] The legal stages are relevant because of the degree of evidence required at each stage. (For example, the police need not demonstrate guilt "beyond a reasonable doubt" in order to execute a traffic ...
However, a driver is not legally obligated to submit to field sobriety tests, pre-arrest breath tests, or cheek swabs at a DUI checkpoint, according to Shouse California Law Group.
Reasonable suspicion is a legal standard of proof that in United States law is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch ' "; [1] it must be based on "specific and articulable facts", "taken together with rational inferences from those facts", [2] and the suspicion must be associated with the ...
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In the US, the legal procedure is 'police stop' (Police stop requiring "reasonable suspicion" or another qualified reason for a police stop), 'probable cause', and 'arrest'. FSTs are requested in the 'police stop' phase, and are used to provide tangible evidence sufficient to meet the requirements for 'probable cause' for an arrest.
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