Reader’s Question:

I did a little research about alcohol because my daughter has been arrested for DUI here in Buena Park, California. One of the reasons my daughter was asked to do the field sobriety tests is because the officer said that he smelled strong odor of alcohol on my daughter’s breath. I found out that alcohol really does not have an odor, so could she use this as a defense on her DUI case?

Piper

Buena Park, CA

Yes, your daughter can definitely use that as a defense on her DUI case in Buena Park, California. I bet you can never see a DUI case where the police officer doesn’t report an odor of alcohol on the DUI suspect’s breath. The officer actually expects to smell it and it is a psychological fact that we see, hear and smell what we expect to see, hear and smell. As a matter of fact, most DUI police reports are formatted for the usual symptoms: there would be a box for “odor of alcohol”, which the officer checks off. There are three boxes labelled as “strong”, “moderate” and “weak.” The “strong” box is usually checked because presumably, the stronger the odor of alcohol, the more intoxicated the person arrested; and the problem with that is alcohol has no odor. Even a non-alcoholic drink can smell like the “odor of alcohol,” when in fact, what the officer smells is not ethyl alcohol but the flavoring in the beverage.

And, of course, there could be a number of causes of an “odor of alcohol” on a person’s breath such as mouth wash, throat spray and cough syrup. Indigestion, illness or simple bad breath has been the cause of more than one officer’s trigger-quick conclusion that the suspect has an “odor of alcohol on his breath.” The main point is that the odor of alcohol has very little relevance in a DUI case. It could or could not indicate that the person has consumed alcohol. It has no evidentiary value as to how much the person has consumed, what he had to drink and when.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

It may not be a very good idea to represent myself in my DUI case in Costa Mesa, California but I’m still thinking twice in hiring one because of the fees. What could a lawyer actually do in my DUI case?

Zeke

Costa Mesa, CA

You are right, Zeke, it may not be a very good idea to represent yourself in your DUI case in Costa Mesa, California. You could actually do that but you would have to think it over a million times because a lot of things are on the line. California DUI laws are very much complicated and you need someone to help you understand the intricacies of California DUI laws and a DUI lawyer has experience in trials as well as constitutional rights and sentencing issues.

A qualified DUI lawyer could review the case for defects, subpoena field sobriety training manuals and cross-examine the officer on his failure to follow his training, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, obtain expert witnesses, have blood samples independently analyzed, negotiate for a lesser charge or reduced sentence and may be able to win your DUI case at trial. A California DUI lawyer who primarily handles DUI cases would know the best strategies to employ to give you the best possible defense.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

My brother was arrested for DUI sometime last week here in Arden-Arcade, 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

Arden-Arcade, 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 Arden-Arcade, 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.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

We are so worried about our father because he was just arrested for DUI here in Corona, California. We just bailed him out and now we are figuring out what to do next. What could be the possible defenses in a DUI case?

Nelson

Corona, CA

Possible defenses in a DUI case are almost limitless due to the complexities of the offense. Your father could use a lot of defenses on his DUI case in Corona, California. But there are most common defenses in a DUI case.

First of all, the prosecution should prove that your father was driving at the time the offense was committed. If there was no witness to his driving, the prosecution should prove this essential fact using both direct and circumstantial evidence. The police officer should also have a probable cause to stop, detain and/or arrest your father because if not, evidence against him will be suppressed. When your father was already under arrest, he should have been warned about his Miranda Rights because if not, incriminating statements could be suppressed if warnings were not given during a custodial interrogation. The implied consent warnings should have also been given to your father. He should have been advised about the consequences of refusing to take a blood or breath test because if not, he could use that a defense.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

What do you think is the first thing that my sister should do after being arrested for DUI here in Coachella Valley, California? We are all laying out things we would have to do to help her out.

Quentin

Coachella Valley, CA

After having arrested for driving under the influence can be a life altering experience. A lot of people are not sure of what to expect when they find themselves faced with DUI charged. DUI offenders are most often unprepared that’s why they easily make mistakes that can cause them money, time and even their freedom. The fact that we have to face is that most people are actually not familiar with California DUI law and do not have the legal experience to avoid critical mistakes.

Since your sister has been arrested or charged with DUI in Coachella Valley, California, the first thing that she should do now is to contact an experienced DUI attorney. The DUI attorney would provide her with valuable information and advice to protect her long-term interests from the very beginning of the legal process. A DUI attorney can do many things for their clients that their clients cannot do for themselves.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

My cousin from Nevada was charged with DUI here in Berkeley, California and his out-of-state license was confiscated by the police officer. Is there a different DUI case process for out-of-state drivers? How can he get his home state license and will Nevada know if he will be convicted for DUI?

Valentin

Berkeley, CA

For people or drivers who are out of state visiting the state of California, DUI laws remain the same. If an out of state driver is arrested for DUI, that person will go through a similar criminal DUI process just like an in-state driver does. The process began when your cousin was arrested and the police officer confiscated his driver’s license. Since his license was confiscated, he was issued a temporary license that is valid for 30 days. He must schedule an Administrative hearing with the California Department of Motor Vehicles (DMV) within 10 days of his arrest. If he fails to schedule a meeting with the DMV, it could result to automatic suspension of his California driving privileges.

If your cousin will be convicted for his DUI charge in Berkeley, California, the state of Nevada will know about this. There is an Interstate Driver’s License Compact (IDLC) which is an agreement between 45 states to communicate about driving-related crimes which include DUI crimes. The states of California and Nevada are part of this agreement so California will notify your cousin’s home state of his non-residential DUI conviction.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

Back in March, I heard about this new DUI legislation that the Governor of California announced here in Santa Ana, California. I know it was about the accidents caused by driving under the influence. Could you recount to me the details of this new legislation?

Harris

Santa Ana, CA

Many states are now establishing extreme DUI laws to repel drivers who cause most injuries and deaths. California Governor Arnold Schwarzenegger signed off a new DUI legislation which was announced back in March of this year in Santa Ana, California. This new DUI legislation is meant to toughen DUI laws. It was named for Steve Ambriz, an Orange County Councilman who was struck and killed in a DUI crash in 2006. The new legislation will require all motorists renewing or obtaining a driver’s license to sign a statement that says they understand that it is dangerous to drive a vehicle while under the influence of drugs and/or alcohol. The statement also says that motorists understand they could be charged with murder if they are found responsible for a DUI accident.

The new legislation would toughen DUI laws in California as it would make it easier for prosecutors to pursue second-degree murder charges against those who drive under the influence and cause a fatal accident. Tougher laws are meant to catch violators and put them behind bars.

Tags: drunk driving laws, DUI, DUI lawyer

Reader’s Question:

What are the criminal penalties for a DWI charge in San Diego, California? How do the administrative proceedings take place? If convicted, what are the possible penalties?

Sandy

San Diego, CA

You will receive a pink slip from the arresting officer upon your arrest for driving while intoxicated. You’ll have ten calendar days from receiving the pink slip to call the DMV and ask for a hearing. If you’ve already hired a DWI attorney, he can also contact the DMV and make arrangements for a hearing. Please note that the time period for requesting a hearing is very strict. If you fail to call within ten calendar days, you will be denied a hearing and your suspension will start once your 30-day temporary license has expired. Your San Diego DWI attorney can also request for the DMV to grant you a stay since your hearing may not come up before the 30-day period ends. A stay means that the validity of your temporary license is extended beyond the original 30-day period.

If you have had more than one conviction, the penalties for DWI in California can be harsh. The penalties can include jail time, fines, court costs, probation, and other penalties designed to prevent offenders from committing the same crime in the future. With every additional conviction, the level of these penalties increases. A fourth offense committed becomes a felony and the mandatory minimums for jail time increase and the other penalties for DWI increase as well with felony charges. Considering how serious this crime is that can impact your life in a negative way, having a San Diego DWI attorney to represent you during your trial and any subsequent proceedings is very important.

Tags: drunk driving laws, DWI advice, DWI lawyer

Reader’s Question:

I have heard many times that a DUI record can be cleared. I have a DUI conviction here in Hayward, California and seems like I would have to carry that all my life. But I was brought back to life when I found out that it can be erased. How can I do that and who are eligible for this?

Ethan

Hayward, CA

You can clear your DUI record in Hayward, California by means of expungement. Expungement, sometimes referred to as DUI expunction, is the process of sealing, removing or clearing a DUI related offense from your records after conviction. This is considered as the only form of post conviction relief offered for DUI convictions. Depending on the expungement order, that could mean record clearing in the criminal court records as well as removal from police arrest records and any other agencies that have copies of the record.

Not everyone is eligible for expungement even if the state of California allows it. Expungement, in most case, is reserved for first offenders with legitimate reasons to expunge their records who also file the necessary paperwork and pay the associated fees. Therefore, it is not considered as a right, rather a privilege granted by the government. In general the people who are eligible for expungement are those who have never served time in state prison. They should also be first-time offenders, have no pending criminal cases and felony convictions.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

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 Long Beach, 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

Long Beach, 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.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer