Frequently Asked Questions

1. Will I go to jail for a DUI?
2. Will I lose my driver’s license?
3. What are the common legal penalties for DUI if I am convicted?
4. Are there certain signs a police officer looks for when he/she suspects a person is driving under the influence?
5. What should I say to a police officer if I get pulled over for DUI?
6. Can I refuse to take a chemical test (blood test, breathalyzer test, or urine test)?
   
7. What are my Miranda Rights?
8. What is BAC?
9. Can I fight my DUI arrest?
10. Should I hire an attorney to represent me?
    

1. Will I go to jail for a DUI?
   It depends on the circumstances surrounding your arrest, as well as if you have any previous DUI convictions on your record. Most people do not go to jail for a first-time DUI arrest. However, if you caused an accident that resulted in serious injury, property damage, or death you may have to serve time in jail, even if it’s your first DUI offense. In addition, if you have multiple DUI charges on your record, then your chances of serving time in jail will increase.
   
   
2. Will I lose my driver’s license?
   Yes, you will. As soon as you are arrested for DUI, your license will be confiscated and automatically suspended. However, you do have an opportunity to fight the suspension of your driving privileges. You have ten days from the date of your arrest to schedule a hearing with the DMV. At this hearing, you and your attorney have the opportunity to challenge your suspension and win back your driving privileges. In order to determine whether your driver’s license will remain suspended or be reinstated, a representative from the DMV will evaluate all evidence and materials submitted by both the arresting officer and your attorney. If you are unsuccessful at the DMV hearing, then your driver’s can be suspended anywhere from four months to one year. Furthermore, even if your driving privileges are reinstated at the DMV hearing, you can still lose them if you are found guilty at the criminal trial.
   
   
3. What are the common legal penalties for DUI if I am convicted?
   Depending on the circumstances surrounding your case, you could potentially face a variety of legal penalties, including driver’s license suspension, monetary fines, community service, probation, alcohol treatment programs, DUI school, time in jail, and a mark on your permanent record. Furthermore, your insurance premiums may increase, and your car could be impounded. In addition to these penalties, many people with DUI charges suffer from a damaged reputation, which can lead to limited future opportunities.
   
   
4. Are there certain signs a police officer looks for when he/she suspects a person is driving under the influence?
   Yes, there are. Typical signs that a person has been driving under the influence include swerving in and out of lanes, inconsistent speeds, abrupt change in driving patterns, weaving through traffic, failing to stop at stop signs, failure to drive in one lane, running red lights, wide turns, illegal turns, erratic braking, tailgating, drifting, etc.
   
   Certain physical characteristics can also lead police officers to suspect that the driver is under the influence. These characteristics include slurred speech, glazed eyes, bloodshot eyes, scent of alcohol on the breath, disheveled appearance, loud or offensive behavior, inability to follow directions, inability to comprehend questions, swaying, fumbling, staggering, stumbling, flushed cheeks, and open of containers of alcohol in the car.
   
   
5. What should I say to a police officer if I get pulled over for DUI?
   Many people wrongly believe they are required to answer every question that law enforcement officers ask them. If you get pulled over on suspicion of driving under the influence of alcohol or drugs, it is important to refrain from making comments to the police officer. When a law enforcement officer asks questions, he or she is looking for incriminating evidence to use against you in court. You are not violating any laws when you politely decline to comment until after you have spoken with an attorney.
   
   
6. Can I refuse to take a chemical test (blood test, breathalyzer test, or urine test)?
   This is a tricky question. Technically you can refuse to take a chemical test. However, if you refuse to take a chemical test you will face severe consequences, including an automatic suspension of your driving privileges for up to one year, increased monetary fines, and additional time in jail. You could face these penalties even if you are found “not guilty” in court.  Furthermore, refusing a chemical test will most likely be used against you in court to prove that you are guilty of DUI. It should be noted that although you are basically required to take a chemical test if a police officer suspects you have been driving under the influence, you do have the right to choose which kind of chemical test you would like to take. So, if you don’t want to take a breathalyzer test you can request a blood test and vice versa.
   
   
7. What are my Miranda Rights?
   If you are arrested for DUI, the police officer is required to read you your Miranda Rights. Miranda Rights inform you of your right to remain silent, your right to an attorney, and your right to have an attorney appointed to you if you cannot afford one. In some cases, the arresting officer may forget to read the Miranda Rights. Just because the arresting officer forgets to read you your Miranda rights does not mean your DUI charges will be dropped automatically. However, if the arresting officer fails to read you your Miranda Rights at the time of your arrest, the prosecution cannot use any of your answers against you in court.
   
   
8. What is BAC?
   BAC is an acronym for blood alcohol content or blood alcohol concentration. BAC refers to the amount of alcohol that is found in a person’s blood after consuming alcoholic beverages. In California, it is illegal to drive a motor vehicle if your BAC level is 0.08% or higher. If the driver is under the age of 21, he/she cannot have a BAC above 0.01%. Any person that is found driving with a BAC level exceeding the legal limit will be arrested and charged with DUI.
   
   
9. Can I fight my DUI arrest?
   Of course! Just because you were arrested and charged with a DUI does not mean you do not have grounds to fight your arrest. If you believe the arresting officer acted unlawfully towards you, you can challenge his actions at both the DMV hearing and at the trial. A skilled attorney can help you fight these charges by questioning the validity of any chemical or field sobriety tests that were administered, as well as question whether the arresting officer had probable reason to pull you over and arrest you on DUI charges.
   
   
10. Should I hire an attorney to represent me?
    If you have been arrested for DUI, it’s important to contact a DUI attorney that has experience and a thorough knowledge in this area of the law. Some people think it’s best to save the money and just represent themselves in court. This is never advisable.  A good DUI attorney can review your case, and try to negotiate with judges and prosecutors to get your charges reduced or even dismissed. An attorney can also interview witnesses, collect compelling evidence, and challenge aggressive prosecutors looking to put you in jail. Furthermore, an attorney will ensure all important documents are filed by the appropriate deadline, and can provide you with professional advice throughout the legal process. Most importantly, a DUI attorney will protect your rights and best interest at all costs.

Contact us about your legal matter today!