Free DUI Lawyer In California

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:

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:

Is it true that even if the person is not driving, but was found sleeping in the car and believed to have consumed alcohol, can be charged with DUI in California? How could this happen if the person was not actually driving?

Abby

Carson, CA

Yes, a person who is not really driving but has consumed alcohol and has slept in the car can be charged for DUI in Carson, California. If he/she is in control of a motor vehicle and in possession of the keys, it will be treated as drunk driving. In this case, it isn’t really ‘driving under the influence’ in its literal sense, but it’s gonna be ‘operating a motor vehicle under the influence.’ Even those who have slept in the back seat and may have potentially driven the car can be cited for DUI. But if the keys were not on the person at all, there may be ways to beat the DUI charge.

But in any DUI case, the court should find that there are reasonable grounds to believe for the police officer to believe that the person was operating a vehicle while under the influence. In finding out if a person has actual physical control over the vehicle, such that as person may be charged with DUI, the courts would look at where the person was seated in the vehicle and if the vehicle engine is running. In many DUI cases that the person was found sleeping behind the wheel and the engine was running, courts have upheld DUI convictions.

Reader’s Question:

Hi. My question is, what is an ignition interlock device and when is it required?

Jamie

Los Angeles CA

Thank you for asking Jamie.

The ignition interlock device is an instrument in which, when installed in a motor vehicle, requires the motorist to blow into the device before the engine will start. This instrument detects the presence of alcohol on the driver’s breath and will disable the automobile engine in that event. This is expensive and must be calibrated all the time. The Court can order the device be installed in any car owned or operated by the defendant for up to three years. This will be considered as a possible condition of probation whenever a defendant has a prior conviction, or where a first offender’s breath or blood alcohol reading is over .20 percent. A violation serious enough to warrant such a sanction necessitates the aid of a California DUI defense lawyer.

Additionally, in the event where the licensee has been suspended or revoked for two or more years by the DMV for a second or subsequent violation, the DMV may require proof of installation of the device before granting a restricted license after a year of the suspension has elapsed.

MariCAR