Free DUI Lawyer In California

Reader’s Question:

I’m only 14 years old and I really don’t understand the legalities of my brother’s DUI case here in San Diego, California. He told me that he was given a pink paper or something, what is this?

Elbert

San Diego, CA

During your brother’s DUI arrest in  California, the police officer has taken away his California driver’s license and gave him a pink form that is entitled “Suspension Order and Temporary License.” This is a form that would serve as your brother’s temporary license and notice that this temporary license would automatically go into suspension in 30 days unless a hearing on the driver’s license is requested with the California Department of Motor Vehicles (DMV).

Your brother would have 10 calendar days to contact the DMV and request for a hearing. Once the hearing is requested, the driver’s license suspension would automatically be postponed pending the outcome of the DMV hearing. Your brother could be able to choose an in-person DMV hearing or a phone hearing. It would always be better that they request a live hearing. This DMV hearing would be very important on your brother’s DUI case because it would give them a preview of his DUI trial.

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:

I have heard several cases about DUI here in Whittier, California that makes me more curious about it. Question is, what are the possible DUI defenses that can be brought out in a DUI trial that are related to the DUI stop?

Kyla

Whittier, CA

In a DUI case in Whittier, California for example, the prosecution should prove that the person was driving a vehicle while intoxicated in order to be found guilty. You may think that this is very obvious, but this could be an issue that can be brought out in a DUI trial where the police officer arrives later at the scene of an accident or where a vehicle is parked and the driver is asleep.

Another defense that could be used in a DUI case is that the police officer didn’t have actual reason to stop the vehicle of the person who is suspected for DUI. The police officer simply has to have a probable cause to pull the driver over. Traffic violations such as unsafe lane change, expired license plate tags or speeding could provide the excuse the officer needs to pull a driver over. In other words, the officer should have a legal reason to stop the vehicle and suspect that the driver was intoxicated. Weaving within a lane is generally used for probable cause, but this by itself would not be sufficient evidence that the driver was indeed under the influence.

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:

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.

Reader’s Question:

A friend of mine got arrested in Los Angeles, California because of DUI. He had a slurred speech according to the police report. Can a slurred speech be used as evidence in a DUI trial?

Alonzo

Los Angeles, CA

Just like the odor of alcohol on the breath of a person arrested for DUI, a very few police reports would fail to include an observation by the police officer that the person arrested exhibited “slurred speech” during the DUI arrest. The police officer usually expects to hear slurred speech in a person whom he/she suspects as intoxicated or driving under the influence, particularly after smelling alcohol on the breath. Also, it would be a psychological fact that we tend to “hear” what we expect to hear. And upon hearing a slurred speech, it supplies the police officer with a proof of his suspicions that the person was indeed intoxicated, and thus driving under the influence.

Assuming that the police officer was honest that your friend who was arrested for DUI in Los Angeles, California had a slurred speech during the DUI arrest, there is little evidence that this is a symptom of intoxication. For example, impairment of speech, even when sober, is a common reaction to the stress, fear and nervousness that a police investigation would be expected to happen. Fatigue is also a well-known cause of having a slurred speech. A study of phonetician showed that even self-proclaimed experts are not good at estimating people’s alcohol levels by the way they talk.

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.

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.

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.