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.

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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.

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Reader’s Question:

HI. I have DUI conviction and I just want to know what a DMV “APS Hearing” is in San Francisco California?

Richard

Thank you for asking Richard.

In addition to court proceedings that involve your DUI defense, a California DUI arrest will also triggers the Department of Motor Vehicle (DMV) administrative action to suspend or revoked your privilege to operate a vehicle. The Administrative Per Se Hearing (APS) is your opportunity to challenge the DMV’s attempt to revoked or suspend your driver’s license. It is important that you contact your DUI lawyer within ten (10) days of your arrest to obtain a hearing for you with the DMV. Your California DUI lawyer will advise you of the issues to be addressed at the hearing and will assist you using all of his skill and experience as San Francisco DUI defense lawyer there to protect your privilege to operate a vehicle. Your lawyer may be able to present your case solely upon the written documentation in your case, but sometimes it may be necessary for witnesses to testify, including yourself, the arresting officer and our blood alcohol expert.

MariCAR

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