Basics of DUI in California
What Happens During a DUI Stop in CA
Being stopped for a DUI can be a confusing and frightening time. You need to take the right steps immediately to ensure you have the defense you need to protect yourself and your family from DUI charges. These first steps can be vital to the final outcome of your trial.
California Implied Consent Law
California has an implied consent law. Because you have been given a license to drive in California you may be construed to have given your consent to a chemical test for alcohol, if you are arrested for a DUI. The question of whether you have consented to a chemical test or are required to consent to a chemical test can be the difference of winning and losing a DUI case.
If you are accused of refusing a chemical test when lawfully arrested you could be subject to greater penalties both administratively regarding your license and in court.
Note: Refusing to take a breath test is a criminal violation subject to stiff penalties. Refusing a breath test may result in automatic drivers license suspension or revocation. If ultimately found guilty of a DUI, refusing this test could lead to additional penalties, over and above the DUI charges.
You Will Be Asked to Perform a Field Sobriety Test
When a law enforcement officer stops a vehicle and suspects that the driver may be intoxicated, the officer will conduct a “field sobriety test”, and may ask for his or her consent to some form of chemical test for intoxication.
Field sobriety tests usually involve a police officer asking a driver to perform a number of tasks that assess any impairment of the person’s physical or cognitive ability, such as walking, counting and a visual gaze test. > Read More
You Will Be Asked to Take a Chemical Test
A chemical test is required by most states and is punishable under the law if it is refused. The chemical test results in a variety of data, but most importantly it shows the current blood alcohol level of the person being tested. Using this information, the level of alcohol in the blood at the time of arrest can be extrapolated. In the state of California, a person being tested for alcohol can choose between a Blood and a Breath test. > Read More
Blood Alcohol Concentration
The term “Blood-alcohol concentration (BAC)” refers to the level of alcohol in the bloodstream from drinking alcoholic beverages. BAC readings are routinely used in court as evidence in DUI cases. A Breath test is the most common method of measure, however blood testing is also used. A BAC reading of .08 or higher may establish a presumption of intoxication. > Read More
If You Are Arrested for a DUI
After being arrested for DUI, it may be necessary to post bail. Although most individuals are released without bail (knowns as “OR” or own recognizance), some cases do require the aid of a bail bondsman. Bail bondmen require an upfront fee, and once that fee is paid, they will post bail for you. This can be expensive, but it is less expensive than paying the entire bail amount to the court. Bail bondsmen guarantee that you will be at your hearings. If you do not appear, the bondsman will most likely come looking for you. > Read More
Requesting a DMV Hearing
After the time of your arrest, you have only ten days, including weekends and holidays), to make a formal request for a DMV hearing. Your DMV hearing will determine whether or not you can keep your license. If you or your attorney fails to request a DMV hearing, your license WILL be suspended automatically. > Read More
In the event you are arrested for a DUI, you need immediate representation from a lawyer who has expertise in this complicated area of criminal law.
Call our office today at (925) 900-5330 for a free consultation.