Free DUI Lawyer In California

Reader’s Question:

It would seem fortunate that even though I have risked drunk driving so many times, I have never been caught by a police officer here in California. I try so much not to do it but it seems unavoidable and maybe I would still keep on doing it until I get caught. If I will be stopped for a DUI suspicion, what are the things that I would have to keep in mind?

Marty

East San Gabriel Valley, CA

If you get arrested for DUI in California, the worst thing you can do is aggravate the situation by incriminating yourself or doing something that can possibly make the charges against you heavier.

You have to keep in mind that you should discuss your case with the arresting officer and limit the information you give to what is necessary. This would include your name, permanent address, birthday, etc. Don’t answer any questions related to the arrest and don’t tell them if you have been drinking, how much alcohol you consumed, if you were driving the vehicle, etc. You have to exercise your right so remember that you have the right to speak to an attorney before you say anything to the police.

Stay calm and don’t resist even if you think you are innocent because everything that you say or do can be used against you. Don’t attempt to run and always keep your hands where the arresting officer can see them. Contrary to popular belief, you can actually refuse to take any chemical test (blood alcohol content or BAC test) until you have spoken to your attorney. You also have the right to set up an additional privately-administered test upon your arrest, while you are detained in the police station.

Reader’s Question:

Do you know if there’s a difference between the traffic school fee I paid to the court when I was charged a DWI offense and the fees for online traffic school registration? Why is that I have to pay again when I tried to take a course online? Also, if my county required me to take the final exam somewhere, how do I know where to go?

Jim

Anaheim, CA

Thanks Jim for your question. Yes, there is a difference between the fee that you paid in your court for your DWI conviction and the fee that is being asked when you take a traffic course online. The court’s “traffic school” fee is actually only an administrative fee, so it does not cover the cost of your tuition for the online traffic school course. Online traffic school programs are not run by the courts but is privately owned and operated. They have their own fees separate from the court’s fees. Usually, the fee for online traffic school course is just minimal and cheaper than having to attend a standard course in a classroom. Not only it can consume most of your time, it can also be inconvenient.

As for your other inquiry, most counties in California do not require you to go anywhere to accomplish your Final Exam. You may have the option to take your Final Exam online at home or at work or anywhere with a use of computer that has Internet. However, there are a few counties in California that requires you to take your Final Exam in an “Approved Testing Location”. So it will best to go to your county and find out if they require you to take your Final Exam at an Approved Testing Location.

Reader’s Question:

I have a history of DWI arrest in California. Recently, I was required by the court to attend a traffic school course. If I took a traffic school course online, how long will it take me to complete the course?

Megan

Concord, California

Interesting question, Megan. Though traffic school course lengths differ from state to state, typical courses are usually within 4 to 6 hours in length. Since it is an online course, you have the freedom to start and stop the course as much as you want to. It should not actually take longer to complete an online traffic school course for your DWI arrest than it would with a traditional sit-down traffic school class, which is normally 8 hours. Online program allows you to work at your own pace. You won’t have to rush or panic, since you will be informed if your court deadline is near. Otherwise, you may stay in the program for as long as you want. The best thing about online traffic school course is that you are not required to go through the course all at once, though you can do that if you want. Normally, the program is broken up into several sections to give you the convenience to move at your own pace. Since the program can keep a record of your development, you can easily go back to where you left off. Usually, there are no limitations on how often you can log on and off.

The California Traffic School Course is arranged to take 8 hours to complete. Because the program is self-paced, however, the length in which it takes to complete a course may vary from individual to individual.

Reader’s Question:

If I try to run around to sober me up first before driving, will I be safe in taking a breath test for a DWI arrest in California if in case I was caught by a policeman? How long after consuming an alcoholic drink can they detect it with a breath tester?

Samuel.

Bakersfield, CA

As we know, alcohol does not remain in the blood long enough for most tests to detect recent use. That is why breathalyzers and oral fluid tests are now being commonly used by law enforcement officers in California to easily and conveniently detect current use of alcohol on a DWI subject. Exercising won’t help you sober up faster after drinking too much alcohol. Thus, it will not be safe but it will just be tiring for you if you do that.
Detection of alcohol with a breath tester, depends on how much the person had to drink, and how long ago they drank. Alcohol is eliminated in the body at the constant rate of about .015% BAC per hour, that is about one drink per hour. If a person had only one drink, the maximum intoxication level they might have would be about .02%. This means that within one hour, their alcohol level would possibly be about zero. On the other hand, if a person had an alcohol level twice the legal limit for drunk driving in most states, for example, .20%, it would take13 hours or more for their alcohol level to reach zero after they stopped drinking. Breath alcohol testers measures blood alcohol level, which is an actual measure of intoxication. Therefore, a person who is not intoxicated has no alcohol in their bloodstream, and a breath alcohol test will provide a negative result.

Reader’s Question:

I have been living here in San Diego, California almost all my life. We cannot avoid sometimes that after partying the whole night, we need to drive ourselves home with a little alcohol in our system. I know some people who have already been charged with DUI, most of them don’t get away with the tough penalties. But just in case, how can I be arrested for DUI?

Alice

San Diego, CA

Living in San Diego, California could mean a busy life. But sometimes, you can get away with it by having a party with some drinks. If you really can’t avoid drinking and driving on those occasions, it would be unfortunate if you get caught and charged with DUI.

A person is charged with DUI if he/she exceeds the legal limit of .08% blood alcohol content (BAC). Usually, the BAC of the person accused of DUI is used to determine guilt. In California, an arrest for DUI can be made at any blood alcohol level. Some counties routinely prosecute people with BAC levels below .08%. More often, the decision of the patrol officer to arrest drivers depends upon the performance on the field sobriety tests (FST) and the driving pattern (speeding, weaving, an accident, etc). A police officer could arrest for simply being under the influence of alcohol or drugs with no reference to the driver’s BAC level at all. The District Attorney would then file a 23152(a) CVC charge, which is simply DUI. Again, this will likely be based on the police officer’s observations of your driving pattern and performance on FST.

Reader’s Question:

I was once a victim of drunk driving here in Sacramento, California. I was so upset because the suspect did not show up in court for trial. The suspect now has an outstanding warrant for his arrest. I was told by a friend that information about DUI suspects in Sacramento are already being posted online. Is this true? How can that website work for us?

Janice

Sacramento, CA

It’s true. Outstanding DUI suspects in Sacramento, California are now having their mug shots posted online in an attempt to stir action from the community and bring them to justice. The Sacramento County District Attorney’s Office recently posted the descriptions and pictures of 17 California DUI suspects who have either failed to show up in court or repeat offenders and face a variety of misdemeanor and felony charges.

A DUI investigator in Sacramento County said that the idea of this DUI program is to involve the community in nabbing wanted DUI suspects. Whether another person who has some grudge against the wanted individual or someone who is looking to do the right thing and turn a suspect in, the DUI investigator added that each suspect that is brought to justice via this collaborative Sacramento DUI program would represent one less dangerous person on the road and at least one life saved.

Reader’s Question:

I am facing serious problems now with two of my sons. The younger one, who is 19 years old, was charged with DUI after consuming alcohol and being involved in a fatal accident. I’ve been arguing with the authorities because they also want to press charges against my older son who is 24 years old for providing alcohol to his younger brother. They said that he was identified by a witness and by surveillance tapes from the liquor store. Can they actually charge my older son because of that?

Janet

Fremont, CA

Your question is very interesting.
Being arrested for DUI can be so upsetting, and being in a vehicle accident while under the influence of alcohol can be so terrifying. But it can be downright devastating knowing that you caused a fatal DUI crash without even being present at the scene.

If your older son bought alcohol for his brother, he could actually face charges related to a DUI car crash even though he was nowhere near the scene of the fatal DUI accident. There is a section in the California DUI law included that provides specific penalties for adults who provide alcohol to someone who is underage (below 21 years old). The California DUI penalties increase in severity if the minor’s drinking results in death or injury. Your older son could face a $1,000 in fines or up to one year in county jail.

Reader’s Question:

My husband was charged with DUI here in California. He insists that he never drive drunk. He is diabetic and according to his attorney, if he experiences hypoglycemia, he may look like drunk. Is it true that the breath test conducted can clear him?

Diana

Daly City, CA

Police officers in California have no inherent skill and little training in detecting levels of intoxication. They are actually psychologically predisposed in a drunk driving investigation to “see” what they expect to see, disregarding any alternative explanations.

One of those possibilities is that if a diabetic experience hypoglycemia or low blood sugar levels. Symptoms of this include poor balance, staggering, slow and slurred speech, impaired motor control, flushed face, disorientation and drowsiness which are also the typical symptoms of alcohol intoxication. If this is the case, the driver will look and act like a drunk driver to the police officer and will fail any “field sobriety tests”.

A breath test will not clear him. Breathalyzer use infrared beams of light which are absorbed by any chemical compound (including ethyl alcohol) in the breath which contains the “methyl group” in its molecular structure. The machine assumes that the compound is “probably” alcohol. One of the thousands of compounds containing the methyl group which can register as alcohol is “acetone”. A by-product of hypoglycemia is a state called “ketoacidosis”, which causes the production of acetone in the breath. This means that the Breathalyzer will read significant blood alcohol levels on a diabetic’s breath where there may be little or none.

Reader’s Question:

Hi. My nephew was charged with DUI in California. I heard about this rising BAC defense. His lawyer advised him about this kind of defense. What does a rising BAC defense mean?

Sara

Salinas, CA

In California, it is against the law to have a high blood alcohol concentration while driving and not at the time the chemical test is administered. Many scientific studies show that it can take anywhere between 30 minutes to 3 hours for the alcohol to be absorbed into our system. That is why there is a possibility that a driver’s BAC could continue to rise after he was stopped and arrested.

There is approximately one hour between the time the driver is arrested and when a chemical test (urine, blood or breath) is administered. For example, the test result perhaps showed a .10% BAC. If the alcohol was still being absorbed into the driver’s system since the arrest, this could mean he only had a .07% blood alcohol concentration while he was driving. Although the test result showed an illegal BAC, the driver’s true BAC while driving was still legal.

Reader’s Question:

I was arrested and charged with DUI last week. I have already consulted with a California DUI lawyer but I would still need to get some clarifications. The arresting officer used a device called ‘HawkEye’ to record my eyes. Can they use this in court?

Robin

San Diego, CA

HawkEye is equipped with a wireless microphone which uses infrared lights to transfer the images of the eyes to a laptop computer. In the state of California, the Highway Patrol has been using Hawkeye for three years to train cadets in West Sacramento but it is not used in the field there. They use it only to show to cadets what to look for when evaluating the appearance and movements of a DUI suspect’s eyes.

All suspects have pleaded guilty to DUI when the device has been used in field trials so the HawkEye technology has never been used in court. Prosecutors are cautiously optimistic about the new technology but realize that it will take time before it is deemed reliable and accurate evidence.

Blood tests and breath tests are already admissible in court so California DUI defense lawyers say the HawkEye evidence are simply “pictures” and will add nothing to a case against a person charged with DUI. Moreover, a DUI lawyer said that there is an open door for arguments about how the officer conducted the test and if it was done properly since HawkEye only records the suspect’s eyes and not the officer’s actions.