DUI/DWI
To promote public safety, California has strict driving under the influence (DUI) or driving while intoxicated (DWI) laws. A person who is arrested for DUI potentially faces severe consequences, such as jail time, probation, fines, and loss of driving privileges. An experienced DUI lawyer can assist you in minimizing or avoiding these devastating consequences.
DUI Statutes and DUI Stop
There are two primary DUI statutes in California--Vehicle Code Sections 23152 and 23153. Vehicle Code Section 23152 makes it unlawful for anyone who is under the influence of alcohol and/or drugs to drive a vehicle with a blood alcohol level of .08 or above. Vehicle Code Section 23153 makes it unlawful for anyone who is under the influence of alcohol and/or drugs to drive a vehicle and commit an act forbidden by law that causes bodily injury to another person.
If an officer stops you, there are several important things you should keep in mind. First, if the officer asks you to breathe into a Preliminary Alcohol Screening (PAS) device, which is used to detect your breath alcohol content, the California Department of Motor Vehicles (DMV) may suspend your driving privileges for 12 months if you refuse the PAS test. If, however, you refuse the PAS test and you had a DUI conviction with ten years of the refusal, the DMV can revoke your driving privileges for two years.
On the other hand, if you are under 21 years of age or on probation for a past DUI conviction and refuse to take the PAS test, the DMV will suspend your driving privileges for up to one year or revoke your driving privileges for up to three years.
Breath, Urine, or Blood Test
Under California law, a person gives his or her implied consent to provide a breath, urine, or blood test for alcohol content if arrested lawfully for a DUI. If a person refuses to provide a breath, urine, or blood sample then the individual will be placed in jail for a certain period of time, depending on whether there was a prior DUI conviction. Other consequences of refusal include having driving privileges suspended or revoked, and the prosecution can use your refusal of a chemical test against you in court.
DMV Administrative Hearing
Besides dealing with the criminal procedural aspects of a DUI arrest, individuals arrested for DUI must also contact the DMV right away. A person who is arrested for a first-time DUI offense will have his or her driving privileges suspended for four months, unless he or she requests a hearing with the DMV. To request a hearing, you must contact the DMV within 10 calendar days from the date of your arrest.
An experienced DUI lawyer can assist you with arranging a hearing with the DMV, collecting important documents, explain the hearing process, and represent you at the hearing.
Collateral Effects of DUI Conviction
There are several damaging consequences if one is convicted of a DUI, such as jail time, probation, fines, restitution, community service, alcohol education courses, and increased criminal penalties for a subsequent DUI arrest and conviction if the conviction occurs within ten years of the first DUI conviction. Additionally, your insurance rates might increase, the conviction goes on your criminal record, it might be difficult to find another job, and you can be deported if you are not a U.S. citizen.
If you are arrested for a DUI, you should contact a DUI attorney who understands the constitutional, evidentiary, and procedural issues concerning DUI offenses. An attorney can also negotiate an appropriate plea agreement with the prosecution concerning the charges against you. For experienced and zealous advocates, contact Real Lawyers at Affordable Prices™ today for a free initial consultation.
