DUI Defense & what you need to know
A driving under the influence (DUI) conviction in California can have a very serious and negative impact on your life. While it mostly used to be considered a social nuisance, it is now a misdemeanor or felony criminal offense punishable by time behind bars, expensive fines, loss of driving privileges and other penalties. In some cases, drivers may have their licenses permanently revoked. More than 200,000 drivers are arrested on suspicion of DUI in California each year. If you are one of them, you need to act quickly to protect your rights and your liberty. Contact a DUI attorney at LeahLegal immediately for help.
California DUI Laws
DUI is defined as operating a motor vehicle while having a blood alcohol level (BAC) of .08% or greater. Drivers who are impaired due to the use of alcohol, however, can still be charged with a DUI if the officer deems it appropriate, even if their BAC is less than .08%. This is because DUI laws are meant to keep ALL impaired drivers off the road, and not just those with high BACs.
Probable Cause
In any case, probable cause must exist in order for a DUI arrest in California. Probable cause to pull a driver over and make an arrest exists when a police officer has reasonable suspicion that a driver is impaired.
Certain suspicious driving patterns or behaviors such as speeding, driving very slowly, weaving between lanes, driving in more than one lane at the same time, or hesitating before going through a green light may be sufficient cause to pull a driver over and arrest for DUI. Sometimes an officer may pull a car over for something as simple as a broken taillight and then notice signs of impairment that can serve as probable cause for an arrest. Signs of impairment include bloodshot or watery eyes, dilated pupils, slurred speech, unusual behavior and the odor of alcohol.
DUI and the DMV Hearing
If a police officer suspects that someone is DUI, he may ask him or her to perform certain tests known as field sobriety tests (FSTs). These tests may include:
- Balancing on one foot with arms at sides
- Following an object in motion with eyes while keeping head still
- Walking in a straight line, pivoting and walking back
The officer has probable cause to arrest for DUI if the driver is unable to perform the tests to the officer’s satisfaction. If the driver consents to a sobriety test and “fails” it, he can be arrested even if he didn’t understand the instructions for performing the test, has a medical condition that makes it difficult to perform the test, or the tests were conducted on the side of a dark road late at night.
An arresting officer can also simply ask a driver to take a preliminary breath test by blowing into a breathalyser. If there is a reading of .08% or higher, the officer can arrest the driver for DUI even if no other signs of impairment exist. In California, these tests are voluntary for drivers 21 years and over, however, refusal to perform them will probably result in an immediate arrest and a trip down to the local precinct for a mandatory chemical breath test.
The DMV Administrative Suspension
At the time of the arrest, the officer will take your driver’s license if the chemical test determines that your blood alcohol level is .08 percent or more. You will be issued a Department of Motor Vehicles 30-day temporary license, which will allow you to drive while you await administrative review before your license is suspended.
If you have been arrested for driving under the influence you must submit to a chemical test to determine the alcohol content of your blood. Refusal to take a test will result in a one-year suspension of your license by the DMV.
If you are arrested for driving under the influence, you must call the DMV within 10 days and schedule a DMV hearing to challenge the Department’s action against your license. When you call for the hearing you must request a stay, which will to allow you to drive until you have received notification of the hearing results. If you don’t request a hearing within 10 days of your arrest, your license will be automatically suspended or revoked 30 days after your arrest. If you lose the hearing or fail to request a hearing, your privilege to drive will be suspended for four months. However, you may be eligible for a restricted license after 30 days of your suspension.
DUI Penalties
The legal consequences for DUI are extremely harsh and DUI charges should never be taken lightly. Penalties depend on many factors, but the most important variable is whether or not a driver has been previously arrested for DUI. In any case, even first-time offenders can expect to pay thousands of dollars in fines and fees and be required to attend drunk driving classes. Generally, the driver’s license will be suspended for anywhere between six to ten months following a DUI conviction, but sometimes first-time DUI offenders can get a restricted license in order to drive to and from work. It’s not unusual for repeat offenders to receive hefty prison terms and pay tens of thousands of dollars in fines and restitution. In some cases, driver’s licenses will be permanently revoked. In addition, if bodily injury to another driver has occurred, felony charges may be involved and even harsher penalties will result. The best way to avoid the consequences of a conviction is to partner with an experienced DUI lawyer as soon as you can after an arrest.
Contact a DUI Lawyer Today
If you have recently been charged with DUI in Los Angeles County or elsewhere in Southern California, contact an aggressive drunk driving attorney to learn more about your rights and your legal options when it comes to fighting your charges. At LeahLegal we can assist you with both your criminal defense and the administrative suspension of your license by the California Department of Motor Vehicles. We never back down from a fight when a client’s future is at stake.
