Below are some FAQs regarding DUI and Drunk Driving:

Attorney & Representation

Why should I see an attorney about my DUI?

A DUI is a Felony or a Misdemeanor, not just a traffic ticket. If you are convicted of DUI, there are mandatory legal penalties. Your driver’s license is automatically suspended unless you fight, and your insurance rates may skyrocket. If you hold a professional license, the conviction must usually be reported to the licensing agency. In short, you have a lot to lose, so it makes good sense to see if you can defend yourself against these charges.

What should I look for in a defense attorney?

You need an attorney who specializes in DUI to defend your rights, not just an attorney who has a general Criminal Defense practice. When you are looking for a DUI defense attorney, you should evaluate the initial interview carefully. You should be able to speak directly with the attorney who will be handling your case, and you should feel comfortable with them and in their ability to handle this type of case. Make sure that your questions are answered to your satisfaction. Some firms use paralegals and marketing representatives to interview clients, so be sure that you talk directly with any DUI defense attorney you are considering hiring

Could I represent myself in court or before the DMV?

Do-it-yourself legal work doesn’t make much sense. DUI is a criminal matter and there are stiff penalties, particularly if your case is mishandled. To most defendants’ surprise, the DMV hearing has nothing to do with how badly you need to drive. So, take these charges seriously, and get serious help.

What if I can’t, or don’t want to, appear in court?

I can appear in court for you (on Misdemeanor cases, which most DUIs are), and you will not have to go to court.

Can I discuss my case with family members, friends, or coworkers?

No, please don’t. If you discuss your arrest with others, they can be called as witnesses by the prosecution. Your attorney can’t be a witness against you, and everything you tell your attorney, with rare exception, is confidential. Telling people about your arrest can damage your reputation, upset your loved ones, and may jeopardize your job. You should discuss your case only with your lawyer.

Can you guarantee results?

Beware of any attorney who guarantees results. Such aggressive advertising is almost always misleading, replete with half-truths, and unbecoming of the legal profession. In the law, as in most areas of life, absolute certainty does not exist. However, the best results in any case always come from a good professional relationship with a lawyer who is truly on your side.

DUI Basics

Is there any way to avoid a DUI?

It sounds simple, but don’t drink and drive. Take a taxi, designate a driver, walk, call a friend, but no matter what, do not drink and drive. The good news is that many DUI cases are defensible or can be reduced to a Wet-Reckless charge or dismissed. Still, the safest way to avoid a lot of hassle is not to drive while you are impaired.

Can I still be in trouble even if my BAC is below the legal limit?

Possibly because it is also unlawful to drive with your normal faculties impaired (by alcohol and/or drugs). Normal faculties are those faculties of a person, such as the ability to walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, etc. People are often cited for DUI when they have a BAC of 0.0% if they have taken drugs (including prescription) that may have impaired their driving.

Do I have to submit to a breath, blood, or urine test?

In California there are enhanced penalties if you refuse to submit to a chemical test after you have been arrested for DUI. The DMV will suspend your driver’s license for a year (rather than four months) on a first-time offense if the DMV refusal hearing is lost, and two years for a second refusal. In addition, your refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of your consciousness of guilt.

Even if the refusal enhancement is dropped in the criminal case, it will still be an issue at the DMV proceeding. By accepting the privilege extended by all 50 states to drive, the courts have determined that you have given your consent to submit to an approved chemical test for the purpose of determining your BAC (or to a blood test for the purpose of detecting the presence of drugs) after you have been arrested for a DUI. Therefore, when you sign your name on your license, you are impliedly agreeing to consent to chemical testing after a DUI arrest.

Court & DMV Proceedings

How can there be two separate proceedings (court and DMV)?

Once you have been arrested, two separate proceedings are initiated, and neither one bears much relation to the other one. Even if your criminal case is reduced or dismissed, you generally still have to battle the DMV in order to keep your license. Similarly, a win at the DMV hearing has no bearing on the outcome of your criminal case.

What is the DMV hearing about?

The DMV has the right to suspend or revoke your driving privilege if you don’t challenge the action. To do this, the hearing officer decides whether the police officer had a legal right to stop you and a legal right to arrest you. Then, depending on the test you took, they also decide whether your blood alcohol content was above the legal limit. Hearings for Refusal cases require, among other things, that the officer properly admonished you, and that you refused by word or deed. Police officers often fail to properly admonish you.

Can I fight the DMV suspension?

Yes, but we must request an APS hearing (Administrative Per Se hearing) and a stay on the suspension of your license within 10 days of your arrest. Generally, the APS hearing will be held within a couple of months of your arrest; as long as your license was valid when you were arrested, you will continue to have full driving privileges until the hearing is held and a written decision has been issued. If the DMV hearing is won, the DMV will not take any action against your license; if the hearing is lost, the DMV will take the same action they would have taken against your license initially, but at a later date. In other words, the penalties will not increase because you exercised your right to challenge the DMV suspension.

Driver’s License Consequences

What about my license?

If you have a California license the officer will seize it and he should issue you a pink temporary license. Although the temporary license is valid for 30 days from your arrest, you only have 10 days in which to request a DMV hearing (an Administrative Per Se hearing, or an APS hearing) and a stay on that automatic suspension of your license. Otherwise, your license will automatically be suspended 30 days after you were arrested.

If you have an out-of-state license, the officer should also issue you a pink temporary license, but he should not seize your out of state license (although they often do). Here too, although the temporary license is good for 30 days, you only have 10 days to request a DMV hearing. Generally, you should still request a DMV hearing and a stay on the suspension of your privilege to operate a motor vehicle in California with an out of state license, but this can be tricky, so please call us to discuss the specifics of your situation.

Can I get my driver’s license back?

Possibly. Each case has its own special facts, and there are valid legal defenses that can be used at your DMV hearing to protect your driving privileges. One or more defenses may be present in your case.

If the DMV hearing is lost, how long will I lose my license?

If the DMV hearing is lost on a first-time DUI, you will have a couple of restricted license options (as long as it is not a refusal). You can opt for an Interlock (“IID”) restricted license, which will allow you to drive anywhere, for any reason, after you have complied with certain requirements.

If you don’t want to hassle with an IID, then you can opt to lose the license for 30 days, and then you can apply for a work-restricted license (after you have complied with some requirements) that will allow you to only drive to, from, and during the course of employment, and to and from alcohol school. This particular restricted license will have to remain in effect for one full year if you are convicted of DUI in court (5 months if you are not convicted).

Second and subsequent DUIs will all require an Interlock device, and a longer alcohol school (18 months). A first-time refusal will result in a full year suspension, and a 2nd-time refusal will result in a 2-year suspension, and a third-time refusal in a 3-year suspension. It is important to sync the court action with the DMV action, so call us for help.