DUI In California

Reader’s Question:

I have a friend who was charged for DUI here in Chino Hills, California and I guess his number one problem is getting a DUI lawyer because he thinks he can’t afford it. What can a lawyer do for him and how much will it cost him to get a DUI lawyer?

Larissa

Chino Hills, CA

A DUI lawyer who is dedicated to aggressively representing his client in court will sure to undertake a great deal of work well before the actual court date. Your friend can ask his potential DUI lawyer to describe in detail what the DUI lawyer will do for him for his DUI case in Chino Hills, California. If the DUI lawyer could not rattle off a mind-numbing list of tasks off the top of his/her head, he/she is probably not doing those things. But let me tell you now that a good DUI lawyer would definitely look at every aspect of your friend’s DUI case from the stop, detention and arrest, and look at the possible flaws that your friend can use on his defense.

Each law firm actually sets their own fees and they vary widely based on several factors, which are both relevant and irrelevant. Some lawyers do charge as little as $250 but others charge as much as $10,000 for first DUI offense. But your friend can find a DUI lawyer who charges $4,200 for first offense for a case with a low blood alcohol content. Don’t be lured to a big law firm that will charge your friend an initial consultation fee because he can definitely find one who will have the initial consultation for free.

Reader’s Question:

I know some people who have been arrested for DUI here in Alameda, California and some of them claim that they are innocent. How would a police officer claim that a driver is under the influence?

Hope

Alameda, CA

In a DUI investigation in Alameda, California, the police officer usually claims that the DUI suspect “performed poorly” or “failed” the field sobriety tests and the handheld breath test indicates that the driver’s blood alcohol level was above the legal limit. Based on this, the officer would “form an opinion” that the driver is under the influence or the driver’s ability to drive a motor vehicle safely is impaired. After this, the officer would arrest the driver and take him/her to the police station (or hospital) for a chemical test.

The driver suspected for DUI would choose between a breath test and a blood test. The state of California has an “Implied Consent Law” that says that a person who is arrested lawfully for DUI should submit to one of these tests. A refusal could subject the DUI suspect to stiffer court penalties and possibly a one-year (or longer) driver’s license suspension. If the driver chooses a blood test, the blood sample would be forwarded to a crime lab for analysis. If he/she chooses a breath test, the officer would see the blood alcohol content reading immediately after the driver blows twice into the breath test machine. The officer sometimes tells the DUI suspect of the result, sometimes not.

Reader’s Question:

We badly need help in my sister’s DUI case here in Los Angeles, California. What we need to know is that, if she gets convicted for her first DUI offense, what are the possible penalties?

Mac

Los Angeles, CA

You and your family might be going through a tough time right now because of your sister’s DUI charge in Los Angeles, California. We certainly hope that she gets out of this as soon as possible. But if she gets convicted for DUI, I would certainly give you an idea as to what penalties she might get. Since this is her first DUI offense, she can have up to six months of jail time. After adding mandatory fees and assessments, the fines would be about $1500 but it could vary slightly from different jurisdictions. The court could also impose a license suspension of up to six months depending upon the circumstances and this would be separate from the automatic DMV administrative suspension of four months.

Aside from the aforementioned penalties, there would also be a requirement to attend a state-approved DUI school for three months as a condition of probation and to get the license back. The number of months could be increased if the blood alcohol level is high. In general, probation runs for three years in most cases. Community service, alcoholics anonymous meetings, attendance at victim impact panels and/or an ignition interlock device installation may be required by some courts.

Reader’s Question:

After being caught drunk driving in Westminster, California, I know that my first concern would be the DMV hearing. What are the issues that are being raised in a DMV hearing that could help me save my license?

Chad

Westminster, CA

After your DUI charge in Westminster, California, the administrative driver’s license suspension began after the police officer took your license away and when you were given a pink piece of paper. The police officer would typically, but not always, check the box for the reason for taking your driver’s license. Usually the reason officer gives would be his belief that you were driving with a blood alcohol content (BAC) level of 0.08, you refused a blood alcohol test or there was a forced blood draw.

The very first issue that is being raised in a DMV hearing is if the officer had a reasonable cause to believe that you were driving a motor vehicle while having a BAC of 0.08% or more. Second is if the arrest or the detention lawful and if you refuse to take the blood alcohol test. It would be important to be realistic about your chances at winning at the DMV hearing because at this hearing, the DMV hearing officer is both a judge and prosecutor. Remember that if the police officer testifies at the DMV hearing, it would be an opportunity to question the officer without him/her being prepared by the prosecutor.

Reader’s Question:

I badly need your help because I don’t want to be in jail and I still wanna be able to drive. Is it really necessary for me to hire a DUI attorney after my recent arrest for DUI here in California?

Jane

Bellflower, CA

The solid answer to your question would be yes because experienced DUI attorney could help you understand the DUI charges and all of the issues that are involved. You should take your DUI case in Bellflower, California seriously because if you lose your case, it would require a mandatory jail sentence upon conviction and a driver’s license suspension. After all, you wanna save your freedom and license, don’t you? Having the services of a DUI attorney to defend you could result in the charges being dropped, being reduced to a non-alcohol or non-drug related offense or in some other more favorable outcome to you.

You have to be aware that there are several different types of DUI offenses and prior DUI convictions could substantially increase the penalties. There would also be two separate legal proceedings involved in a DUI case; one involves a criminal case and the other one would be a civil administrative case with the Department of Motor Vehicles. As a result, it would be very important that you understand California DUI laws and receive a favorable outcome the first time you are arrested, and know the things you can do to avoid or minimize the damage on your DUI offense as well as avoiding future DUI arrests.

Reader’s Question:

Regardless of guilt, what legal rights does a person have during a DUI arrest? I wanna know these things just in case I get arrested for DUI in Alhambra, California.

Vito

Alhambra, CA

If you will be arrested for DUI in Alhambra, California, it would be of great help if you know the legal rights that you have during a DUI arrest. These rights are actually commonly ignored by police officers. First of all, there should be sufficient facts to legally constitute a probable cause to stop your vehicle. The officer should also have enough reasons to legally detain and arrest you for DUI.

You must be advised that submission to field sobriety tests and portable field breath test is not required by law. Furthermore, if you are already in custody or you have already been arrested, you should be advised of your constitutional rights, otherwise known as the “Miranda” warning before any further questioning takes place. You should also be given a choice of breath or blood testing and if you refuse any chemical test, you should be advised of the legal consequences and this would be the “implied consent” advisement. If a breath test is conducted at the police station, since the breath sample is not saved, you should be given a chance to obtain a blood sample for later independent testing by your DUI defense attorney.

Reader’s Question:

Field sobriety tests on DUI suspects are so popular that they sometimes show it on TV as bloopers. But seriously, why are these tests called divided attention tests and is there an incidence here in Antioch, California that a person who was really drunk has passed more than one of the field sobriety tests?

Cain

Antioch, CA

Field sobriety tests (FST’s) are categorized as standardized and non-standardized. Standardized FST’s are those commonly used by police officers in a DUI investigation and are approved by the National Highway Traffic and Safety Administration. As we may all understand, standardized FST’s are psychophysical tests that require assessment of a DUI suspect’s appearance and condition, ability to follow instructions, as well as balance and coordination. These tests are often called Divided Attention Tests because they require the DUI suspect to concentrate on more than one thing at a time. He/she would have a divided attention between mental and physical tasks.

There may be an incidence already in Antioch, California that a person who was really drunk has passed more than one of the standardized FST’s but according to studies, a person who is under the influence of alcohol may perform one of the standardized FST’s but rarely more than one. If a person is under the influence of alcohol, he/she is likely to make certain predictable mistakes while attempting to do the FST’s.

Reader’s Question:

My brother was arrested for DUI sometime last week here in California. We believe that he was arrested at an illegal roadblock. Can the evidence be excluded because of an illegal search? If so, how can the evidence be excluded from the case?

Macey

Anaheim, CA

Motion to suppress could be an extremely valuable tool in your brother’s DUI case. Some potentially harmful evidence could be excluded when a motion to suppress is successful, therefore weakening the prosecutor’s case. Suppressible evidence is evidence secured by illegal means and in bad faith and it cannot be introduced in a criminal trial.

If your brother was arrested for DUI suspicion in Anaheim, California but at an illegal roadblock, the evidence against your brother, including field sobriety tests and chemical tests, may be excluded, even if the evidence shows that he was indeed intoxicated above the legal limit. The evidence could be excluded by filing a motion to suppress. This is a formal and written request to the judge for the evidence be excluded from consideration by the judge or jury at trial. Your brother’s DUI lawyer can certainly look into this and file a complaint that the police procedures in the DUI arrest violated your brother’s Fourth Amendment right to be free from unreasonable searches and seizures.

Reader’s Question:

There are a lot of things that I want to know about DUI because I know someone who just got arrested for DUI in Fresno, California. I haven’t actually gotten caught drunk driving though I drink and drive at times. But just in case I get arrested, what should I say when a police officer asks if I have been drinking and do I have the right to an attorney after being stopped by a police officer?

Isabella

Fresno, CA

You must have been lucky if you do drink and drive and you haven’t been caught drunk driving in Long Beach, California. Anyway, there is not really a right or wrong answer to a police officer’s question if you have been drinking. Just so long as you don’t say, ’six beers and four tequila shots, officer.’ Seriously though, you are actually not required to answer potentially incriminating questions. The best answer to that is ‘I would like to speak with my lawyer before answering those questions.’ However, if you just say you ‘had a couple beers or a glass of wine that is not enough to cause intoxication,’ is not incriminating and can help explain the smell of alcohol on your breath.

Regarding your question if you have the right to an attorney after being stopped by a police officer, the short answer is no. Anyone asked by a police officer to pull over because of a DUI suspicion does not have the right to an attorney until you have been arrested. Though you can, and still ask for one.

Reader’s Question:

My son has just been charged with DUI here in California. We are still deciding whether or not we will hire a DUI lawyer. But we want to know, how can a DUI lawyer help my son on his case?

Ralph

Garden Grove, CA

One important thing that anyone arrested for DUI should keep in mind is to hire the services of a DUI lawyer. Since your son was charged with DUI in Garden Grove, California, he needs to get a DUI lawyer to help him defend his case.

Your son will have two different cases: the administrative case and the criminal case. During both his administrative and criminal hearings, a DUI lawyer can defend him based on witness testimony, chemical testing results, and other admissible information. The DUI lawyer may be able to save his license from administrative consequences and having a skilled DUI lawyer on his side is his best chance for winning his DUI case and not having to face the serious penalties associated with DUI in the state of California. If your son will be convicted of the charges against him, the DUI lawyer can speak on his behalf and request that the court show leniency in sentencing based on your son’s specific circumstances. The penalties for being convicted for DUI vary based on a number of factors including prior convictions, any injuries or property damage caused by DUI and other circumstances.