While just about everyone has heard of a DUI charge, many people aren’t really aware of what a DUI entails, its potential consequences, and other essential information about DUIs. At the Chambers Law Firm, we’re committed to providing helpful information to all our potential clients, so we’ve compiled this Q&A of the most frequently asked questions about DUIs.
What is a DUI?
Many people equate a DUI with driving drunk, but actually that’s not always the case. Anyone can be charged with DUI if he or she has a blood alcohol level at or above .08%. If someone has taken legal or illegal drugs that impair their ability to drive, he or she may be charged with DUI. Even someone who’s simply on prescription medication can be charged with a DUI.
Who can be stopped for DUI?
Anytime a police officer pulls someone over – whether it’s because of a traffic violation, vehicle equipment safety violation, or a pattern of suspicious driving – he or she is watching for signs of potential intoxication. DUI checkpoints are also sometimes set up where police officers assess drivers for DUI without having a probable cause to stop the vehicle. In short, anyone who a police officer determines to be under the influence of drugs or alcohol while driving may be arrested for DUI.
What is a police officer looking for when determining whether you’re DUI?
Each police officer has been trained to look for several indicators of intoxication, including the smell of alcohol, slurred speech, red or watery eyes, difficulty understanding questions, fumbling with your license and registration, and the presence of any alcohol containers, drugs, or drug paraphernalia in your possession. If any of these factors are present, the police officer may begin to suspect you of DUI.
What should I do if I’m stopped on suspicion of DUI?
California law protects you from incriminating yourself, so even if the police officer asks whether you’ve been drinking, you don’t have to admit it. Don’t lie either – that’ll just make your situation worse. Your best bet is to just indicate that you’d like to speak with attorney before answering any questions.
Is a field sobriety test required?
No, California does not require that anyone submit to a field sobriety test. Plus they’re notoriously subjective and can lead to false arrests. If you have any doubt about whether you’d pass, don’t take it – it’ll just generate more evidence against you.
Do I have to take the “preliminary” breathalyzer test before I am arrested?
No, you don’t have to take the preliminary breathalyzer test unless you’re under 21 or on probation for a previous DUI conviction. However, if you refuse the test you may still be arrested and taken to the police station, where you’ll have to take a blood or breath test.
Are there penalties for avoiding a DUI checkpoint?
Avoiding a DUI checkpoint isn’t illegal, but if you commit a traffic violation or display erratic driving patterns while avoiding the checkpoint, you can still be stopped and assessed for DUI.
Can the police officer who arrest me take my license?
Yes, if you fail a chemical test and you’re arrested for DUI, your license will be confiscated and the arresting officer will issue you a notice of suspension. Many people are shocked when this happens because you’re being penalized before you are proven guilty in court.
Do I automatically get a DMV hearing regarding my license suspension?
No, you need to contact the DMV to request a hearing within 10 days of your arrest, or you will forfeit your right to a hearing. You’ll automatically lose the opportunity to have your license reinstated. Contact Attorney Chambers by calling 714-760-4088 or emailing dchambers@clfca.com to get specialized help requesting a DMV hearing, as well as solid representation during the hearing.
What are potential DUI penalties?
California DUI laws are some of the harshest in the entire country. If you are convicted of DUI, here are the minimum penalties:
- DMV license suspension
- A fine of up to approximately $2,000
- 3, 6, or 9 months of DUI class
- Up to 3 years of probation
- 90 day license restriction
- 4 days to 6 months in jail
If certain aggravating factors or present, minimum penalties may increase. These factors may include causing a death or injury while DUI, if you’re a repeat offender, had a blood alcohol concentration over .20, had a child in the vehicle while you were DUI, or were driving 20mph over the speed limit.
How can Attorney Chambers help?
Attorney Chambers specializes in Southern California DUI defense, so he’ll know exactly what to do for your particular case. Unlike a general attorney, Attorney Chambers has thorough knowledge of all the technical aspects of DUI cases which he uses to challenge the accuracy of field sobriety, blood, and breathalyzer tests to defend your rights and best interests throughout your DUI case.
If the evidence of DUI is really strong in your case, you still need Attorney Chambers because he’ll fight for reduced penalties and sentences and your behalf. There’s no reason to accept the maximum penalties in your DUI case—instead, enlist the expertise of DUI defense Attorney Chambers today.
