I was told that after being arrested for DUI in Anaheim, California, I would also have a civil case. What is this civil case and what does it have to do with my arrest for DUI?

BJ

Anaheim, CA

Aside from the criminal court trial in your DUI case in California, there would also be a civil case. This would be the administrative law case and it would be heard before the Department of Motor Vehicles (DMV). The administrative hearing has something to do with your driver’s license as this hearing before a DMV officer would determine whether you can keep your driving privileges or not. You should request for this hearing with the DMV within 10 days of the arrest.

You might be confused right now and you probably don’t understand that these are separate cases. It would be possible to win the administrative case with the DMV and loose the DUI criminal court case and on the other hand, it would also be possible to win the DUI criminal case and loose the administrative case with the DMV. But at times, the evidence collected for the administrative hearing could be used to get a reduction of charges in the criminal case.

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.

Is it true that having even just a glass of wine or a bottle of beer and then driving afterward can already have you arrested for DUI in California?

Mill

Concord, CA

It depends in if you are a minor and under what state you are in. In your case there in Concord, California the answer is yes, it is possible for you to be convicted of DUI even if you have consumed (in your opinion) a small amount of alcohol. It all depends on the result of the Blood Alcohol Content (BAC) test and the level of suspicion of the police officer who have pulled you over. California has one of the strictest laws in the nation governing underage drinking, so anyone caught under 21 and has had a BAC result of 0.01% or greater will face a DUI charge. If you resulted with a 0.05% or greater then you can be arrested and be subjected to two charges, one for underage and a regular DUI charges as well.

To put things in perspective, for most people drinking a 12-ounce beer or one 4-ounce glass of wine or one 1.25-ounce of liquor will already tip your BAC result to over 0.01% to near 0.05%. If this happens to you, you are looking at a one year driver’s license suspension and any subsequent violations and convictions will lead to even more sever punishments, including fines up to the thousands and even jail time. Similarly, individuals who refuse to be tested will mean an automatic suspension of his or her license as well. In some cases, however, if you are 18 or over and have had no prior convictions, you may be able to just attend a 12-hour class regarding safety and alcohol or drug abuse.

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.

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

Quentin

Anaheim, 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 Anaheim, 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.

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.

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.

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.

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.

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.