DUI Frequently Asked Questions

What is a DUI?
DUI is an acronym for Driving Under the Influence. A person is guilty of DUI if he/she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired.

What is BAC?
BAC is an acronym for Blood Alcohol Concentration. Essentially, BAC is the percentage amount of alcohol in a person's bloodstream. The law of most states determines a BAC limit to be the level at which people can legally operate a motor vehicle. Thus, a driver's BAC is used to determine guilt in cases of driving under the influence (DUI). BAC can be measured using a blood sample, urine sample, or by measuring the alcohol on a person's breath buy using a breathalyzer.

I was driving, I got arrested, and the test showed that I was under the influence of alcohol - What should I do?
Police officers write hundreds of reports a week and often fail to include details which, when properly investigated, provide a legal defense for the stop and possible the administration of Field Sobriety Tests and blood or breath tests. Further, even if a lawyer cannot show there was a problem with the machine, it is often possible to show the results are not reliable and that errors and/or mistakes can be made, and therefore a reasonable doubt may exist as to the accuracy of the test result in a particular case.

What are the penalties for "drunk driving" in California?
The penalties for driving under the influence in the state of California depend on two critical factors - how much alcohol was in your system and whether or not you are a repeat offender.  Specific information on California state DUI law and penalties enforced by the Department of Motor Vehicles can be found at www.dmv.ca.gov.

If I am arrested for DUI, will I go to jail?
If this is your first DUI offense, and you have not been arrested before, you will likely avoid jail time.  Most counties in California will agree to a jail alternative for first offense DUI such as weekend trash pick up. If this is your second arrest within 10 years, the chances for jail dramatically increase, with some counties mandating actual jail time.

Can I fight my DUI arrest?
Yes. You may request a review of your license suspension by the DMV within a specified number of days following your arrest. At a formal review, the hearing officer is authorized to administer oaths, examine witnesses and take testimony. If you request an informal review hearing, it shall consist solely of an examination by the department of the written materials submitted by the arresting officer, as well as anything you wish to submit. You generally cannot attend an informal hearing.

What about the different tests that the police can use to determine my blood alcohol?
There are three main ways the police use to determine your blood alcohol:
(1) Drawing a blood sample from your arm;
(2) Obtaining a urine sample;
(3) Obtaining a breath sample by having you blow into a machine called a breathalyzer.
You have the choice of which one of these three tests you will take, although recently the law has been changed to allow the urine test to be discontinued by the police because of the problems associated with it. The only time your ability to choose which test you take can legally be restricted is if one test is somehow unavailable, you must then take the other. The officer is required to tell you of your options. However, the decision as to which test you take is up to you.

What happens if I drive on a suspended license?
If you drive on a suspended license you will be in violation of Vehicle Code 14601, a misdemeanor, which is punishable by a period of time in jail and a base fine of up to $1000. Your car will also be impounded for up to 30 days for a first offense (this impound is imposed on the day of your arrest and is completed 30 days later regardless of your eventual guilt or innocence of the offense).

Why is an experienced DUI attorney important?
DUI laws in California are notoriously complicated and severe and only a highly experienced and scientifically educated lawyer can provide you with the most comprehensive defense possible.  You need a firm with the resources to gather the most effective team of experienced DUI lawyers and investigators who are dedicated to protecting the rights of the accused.
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