Whether you have been charged with a DUI, a loved one has been charged, or you are just curious about these laws, Chambers Law Firm has the answers you need about DUI charges. Read on for answers to some of the most common questions you may have about this charge. Then reach out to us at 714-760-4088 for a free legal consultation.
What can be legally stopped for a DUI?
Anyone can be arrested for DUI, no matter why the police pulled them over in the first place. Generally speaking, a police officer does need probable cause to stop the vehicle in the first place. They could have pulled the car over for a vehicle safety violation (such as having a brake light out), a traffic violation, or suspicious driving. There is one big exception: DUI checkpoints in which all motorists can be stopped and checked for DUI without probable cause.
What are “suspicious indications” of DUI?
In addition to poor driving, a person who smells like alcohol, is slurring their speech, has eyes that are red, bloodshot, or water, or cannot understand the questions they are being asked may then be under suspicion of DUI. If a person has alcohol containers around them, they fumble with their driver’s license and registration, or they have drugs or drug paraphernalia, then they can be suspected of a DUI.
What do I do if I am stopped for a DUI?
Be polite. Understand that you do not have to incriminate yourself. As a result, you do not have to tell the officer that you have been drinking. However, you also do not want to life. The best option is to simply state that you want to talk to a criminal defense attorney before you answer any police questions.
Do I have to take the tests they ask me to take?
You do not have to take a field sobriety test and there is no legal penalty for not doing so. If you believe that you may fail, then you should definitely not take it. You also do not have to take a PAS test (this is a test done with a handheld breathalyzer) unless you are on probation for a DUI offense or are under 21 years old. However, refusing to take one can result in an arrest where you will have to take a blood or breath test.
What are the potential penalties for a DUI conviction?
It depends on your specific case but you can expect a combination of any of the following: license suspension by the DMV, fines of as much as $1,700, DUI classes of three, six, or nine months, as long as three years on probation, 90-day license restriction, and jail time of between four days and six months. If it is not your first conviction or if you have injured someone, then the consequences can be more severe.
