DUI FAQ

Frequently Asked Questions in CALIFORNIA DUI Cases

Why Should You Hire An Attorney?
How Can The Attorney Help?
What Else Can The Attorney Do?
What Are the Consequences of a DUI?
What Is The Punishment for Drunk Driving?
What Is "Blood Alcohol Level"?
Are Breath Test Results Always Accurate?
What If I Lose My License But Continue To Drive Anyhow?
How Can I Get Automobile Insurance After A Drunk Driving Conviction?
What Is The Punishment For Drunk Driving?
Why Do I Need To Contact The DMV Within 10 Days Of My Arrest?
What Happens At The DMV Hearing?
Can DMV Hearings Be Won?
What Will Happen At Court?
Can DUIs Be Won?

Why Should You Hire An Attorney?

• To save your driving privileges
• To reduce fines and financial penalties
• To reduce the criminal charges
• To avoid jail time or a prison sentence
• To avoid public work service

How Can The Attorney Help?

An experienced criminal defense attorney can do many things to challenge and disprove the evidence against the accused. We routinely find defects associated with the traffic stop, field sobriety tests and chemical tests, whether breath or blood, that often result in a dismissal of some or all of the charges. Depending on the circumstances of a case we may:

• Review the calibration and maintenance records of the machine. It is falsely believed that these machines are infallible. People forget that these machines are made of up of metal, plastic, and silicon. To believe that they always work, everytime, is like believing your car will never break down. Machines don't always work properly.
• File pretrial motions to suppress the evidence. These motions, when argued successfully, may result in the DUI case being dismissed.
• Retest the blood by a private lab.
• Hire an analyst to determine if the driver's blood alcohol concentration (BAC) was rising. This defense may prove that the driver's blood was actually less than California's .08 % limit, at the time of driving.
• Photograph the scene the arrest. This may be helpful in showing that the ground was not level when the driver was performing the field coordination tests.
• Effectively cross-examine the officer to expose mistakes and inaccuracies in the gathering of evidence.

What Else Can The Attorney Do?

The attorney can represent the driver in court. The goal should always be to get either a reduced charge in a plea bargain, or take the case to trial. Of course, the client always makes the final decision whether to accept the plea bargain or not.

The attorney can also represent the driver at the DMV. In California, a driver will suffer a period of suspension for at least 120 days, and possibly more. Only an understanding of the law, and administrative procedure, will adequately defend the driver with the DMV. Since the issues at a DMV hearing are highly technical, a qualified DUI attorney is necessary if you want to fight the suspension and save your license.

What Are The Consequences Of a DUI?

• Alcohol assessment and treatment
• Community service and probation
• Felony or misdemeanor criminal record
• Fines and court costs
• Increased insurance rates
• Jail time or prison sentence
• Suspension or revocation of driver license
• Vehicle immobilization or forfeiture

What Is The Punishment For Drunk Driving?

Drunk driving carries serious penalties. Although the court may go easier on first-time offenders, even in first-offense cases the possible sentences include stiff fines and jail time. If the circumstances warrant it, however, the court may choose less restrictive options, including probation, community service, or even mandated AA attendance or the like. For subsequent offenses, the likelihood of imprisonment increases, and in all cases, the loss of driving privileges-at least temporarily-is almost guaranteed.

What Is "Blood Alcohol Level"?

Blood alcohol level (BAC) is a term used to describe the level of alcohol in the bloodstream of a person arrested for drunk driving. It is used in court as evidence of that offense. The most common method of determining BAC is through a breath test, although blood and urine testing is also done. If the level is found to be at or.08 the test results can establish a presumption of impairment.

Are Breath Test Results Always Accurate?

California courts allow the defendant in a drunk driving case to challenge the scientific accuracy of Breathalyzer tests in general, and also allow challenges based on the particular circumstances of a test, such as improperly calibrated equipment or inadequately trained officers. If the test results are inadmissible or can be challenged, the case will have to be proven based on other evidence, such as eyewitness testimony and field-sobriety test results.

What If I Lose My License But Continue To Drive Anyhow?

If a person whose license has been revoked or suspended due to drunk driving chooses to drive without a valid license and is pulled over, he or she stands to suffer more serious consequences, including fines and imprisonment. The more prudent course of action is to rely on friends and family for rides or use public transportation.

How Can I Get Automobile Insurance After a Drunk Driving Conviction?

Although your rates will likely be higher, your insurer may keep you on even after a conviction, and a subsequent clean driving record will result in lower rates in the future. If your insurer drops you as a result of the conviction, another insurance company may be willing to accept the risk; in fact, some companies specialize in offering insurance to drivers who have been convicted of drunk driving, but of course the rates are much higher.

What Is The Punishment For Drunk Driving?

Drunk driving carries serious penalties. Although the court may go easier on first-time offenders, even in first-offense cases the possible sentences include stiff fines and jail time. If the circumstances warrant it, however, the court may choose less restrictive options, including probation, community service, or even mandated AA attendance or the like. For subsequent offenses, the likelihood of imprisonment increases, and in all cases, the loss of driving privileges-at least temporarily-is almost guaranteed.

Why Do I Need To Contact The DMV Within 10 Days Of My Arrest?

You must contact the DMV within 10 days to protect your driving privileges. The temporary driver's license you were probably issued expires 30 days after your arrest. The purpose of contacting the DMV is twofold. First your driving privileges will not be suspended before a hearing is held regarding your arrest. Second, your driving privileges will not be suspended until the hearing is held and a decision rendered. By making this request you ensure that that your driving privilege will not be suspended until your case is heard.

What Happens At The DMV Hearing?

A hearing officer will attend. His or her function is to prosecute the case and make a final decision based on the evidence presented.

The issues involve:

• Determining who was driving the vehicle.
• Determining whether the police officer had "reasonable cause" to pull over and arrest the driver (a complicated legal question).
• Determining whether there was a lawful arrest (also a complicated legal question)
• Did the driver have a blood alcohol concentration of .08 or above (which is open to many challenges).

By completely examining your case and using various methods of "discovery" we are able to construct a defense to rebut the case against you. At the hearing we provide whatever testimony will help your case often including an expert in either blood or breath testing.

Can DMV Hearings Be Won?

Yes. In many cases, there are questions on at least one of the three criteria. The DMV must answer all three affirmatively to suspend the driving privilege. A skilled attorney can help discover and factually develop the issues that can win your case at the DMV.

What Will Happen At Court?

On your ticket, or somewhere in your paperwork, the date, time and location for your first court appearance will be listed. If you haven't hired an attorney, you must attend court on that date and time. Following the attorney-represented cases the judge will begin calling the non-attorney cases. At some point the judge will ask you to enter a plea to the charges. At this time you must plead either guilty or not guilty. Depending on your plea the judge will ask you several questions aimed at determining whether you want to waive your constitutional rights, including your right to a speedy jury trial.

Can DUIs Be Won?

Yes. Through complete discovery and investigation, we can-and do-win DUI cases. We begin with a careful evaluation of police reports. We look for inconsistencies, even impossibilities, in your police reports. We also request, and usually receive, complete disclosure regarding the device used to test your blood alcohol level, the personnel involved in the maintenance and operation of the device, and the lab certification. We know that complete discovery and investigation leads to finding errors that can win your case.

Helpful Resources

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