Suspended drivers license. Mandatory jail time. These are just a few of the consequences of a DUI conviction in California. If you've been arrested for drunk driving, you need an experienced, aggressive yet diplomatic DUI attorney on your side.
California DUI laws are becoming stricter with each passing year. California especially has adopted a policy of zero tolerance when it comes to operating a motor vehicle with a blood alcohol level (BAC) exceeding 0.08 percent or with an open container in tow. The consequences of DUI convictions, which range from losing your license to hefty fines and even jail time, are nothing to laugh at. Even more sobering is the possibility that your personal and professional reputation could be sullied with a permanent record of your DUI.
The recent crackdown on DUI cases is understandable -- alcohol contributes to a death every 33 minutes and costs the public billions each year in damages, loss of life and reduced productivity. First-time violators are treated just as harshly as repeat offenders, though penalties are increased with each violation. And associated charges, such as child endangerment, speeding, or stiff penalties concerning underage drinking, can increase the weight of a California drunk driving conviction.
What are your options if you've been pulled over and accused of drunk driving in Southern California? First, know your rights. You must be read your Miranda rights if arrested and will be subjected to a barrage of sobriety tests, including breath and/or blood tests. IT IS A CRIME TO REFUSE TO SUBMIT TO CHEMICAL TESTING IN THE STATE OF CALIFORNIA. Though you should remain cooperative and surrender your license to the police when asked, you still have legal rights once you leave the police station.
Unfortunately, you have as little as ten days to protest a license suspension related to a DUI arrest in California. Time is of the essence -- seek out a lawyer with a track record of successful dismissals and not guilty verdicts in Southern Californias DUI cases. Your California DUI lawyer will know the ins and outs of the law and can help construct a legal defense that will keep you on the road with your reputation intact.
Interested with a free consultation with the experienced DUI defense attorneys of the Law offices of Andrea Loveless, LLP? Call (888) OUR-LWYR or (949) 679-4690.
When the police ask you to submit to breathakizer or blood test- does it make a difference which you do? Is one more reliable than the other? Would law enforcement treat you differently depending on which you did?
ReplyDeleteGood Question Liz.
ReplyDeleteThe differences between breathalyzers and blood tests are that breathalyzers can me done in the field as soon as you are pulled over and blood tests have to be taken once you get back to the station. Blood tests are more accurate as well. Thus if you haven't had that much to drink, it might benefit you to wait for the blood test because they have to take you back to the station and it will likely take at least an hour for them to take it from the time you are taken in.
If you refuse a breathalyzer when asked to take one in the field (after you are pulled over), AND you fail the field sobriety test, then you will likely be arrested. But that i the only way really that police would treat you differently depending on what you did.
If you have any more questions or wish for a consultation, please contact my office at (949) 679-4690.
If you are taken to jail, do they usually release you the next day? Or do you have to post bail? Can you post bail right away for a quicker release?
ReplyDeleteWhat is the difference between representing yourself and having an attorney on your first DUI arrest? Does it make much of a difference in what kind of penalty you receive?
ReplyDeleteGrayh4 and Erin, thank you for your questions.
ReplyDelete1. Concerning the jail question: It depends upon what you were arrested for. Following an arrest, you are either cited and released on your own recognizance (OR), or held until bail is posted. For example, California DUI / DWI arrests sometimes result in the accused remaining in custody until he or she can post bail. However, DUI arrests will generally result in an OR release, meaning the accused will not have to post bail. DUI suspects are usually held for a number of hours and then released when the arresting agency is confident about the arrestee’s state of sobriety. Many misdemeanors result in citations and OR release. However, some misdemeanors involving violence and felonies requires bail to be posted before you are released.
2. Representing yourself vs. having an attorney for DUI's: Let's face it, even attorneys won't represent themselves in court, especially on DUI charges. A California DUI / DWI charge can turn an accused drunk driver’s life upside-down. You need a skilled California criminal defense attorney who focuses on driving under the influence (DUI / DWI) cases and can navigate the system for their CA DUI / DWI client to ensure that his or her rights are protected. California DUI / DWI arrests trigger two separate cases: In court, and at the Department of Motor Vehicles (DMV). Motorists accused of drunk driving in California have only 10 days from the date of their DUI / DWI arrest to request a hearing with the DMV. Anyone arrested for DUI or DWI in California who doesn’t request a hearing within 10 days will have his or her driver's license suspended automatically on the 30th day following their drunk driving arrest.
Certain drivers may face felony DUI / DWI charges after a California drunk driving arrest. Anyone with three prior drunk driving convictions within the past 10 years will be charged with a felony after a fourth arrest. A driver who causes injury to another person also may face felony charges. A DUI / DWI with an injury is considered a "wobbler" offense in California, meaning it may be charged as either a felony or a misdemeanor. Also, any motorist who has been charged with felony driving under the influence (DUI / DWI) within the past 10 years will be charged with another felony for any subsequent drunk driving arrests within that time period.