California DUI Frequently Asked Questions (FAQs)

Just been arrested for DUI in San Diego California? What do you have to do first?

You need to avoid the loss of your driving privilege. You need to save your job.

You only have the right to request a hearing from the DMV within 10 days of receipt of the suspension order. You should have a San Diego DUI Specialist Attorney handle this.

If you try to schedule the hearing, you may not know a) what to do or b) what to ask for. San Diego California DMV is not usually particularly helpful in offering you information to save your driving privileges.

If you schedule the hearing, DMV may assign you a date that conflicts with the calendar of the San Diego DUI - DMV defense lawyer of your choice. Critically, DMV will not reschedule to accommodate a subsequently retained attorney's calendar.

You want to make sure you choose your San Diego DUI defense attorney before DMV is contacted. He will know what to do and do it properly. Your lawyer will want sufficient time to prepare once he orders the discovery (evidence) and you will want an extension on your 30 day temporary license.

The police did not read me my Miranda rights. Will my DUI case be dismissed?

Your California DUI will not be dismissed but statements may be excluded.

The Miranda rights admonition is usually voluntary in California DUI cases and not usually given, for the following reasons:

During the investigative stage, the officer has no obligation to advise one of the person of Miranda rights (to an attorney or to remain silent).

In San Diego California DUI cases, the officer usually asks all the questions before arresting (handcuffing), thereby avoiding the issue of having to advise. The person does not have to answer any questions but the person usually does. Not until handcuffed is the need for the Admonition requirement triggered.

And by that time, the officer normally has all the answers to all the questions needed to arrest for a California DUI - driving under the influence of alcohol. After that, the officer often abstains from questioning during custody.

It is not like the officer takes the person downtown and puts them under a hot light: Did you commit a California DUI?

And in DUI cases, the person has no right to speak to an attorney before deciding whether to take the required breath or blood test (it's called the "implied consent" law when one signs up for one's license). The right to remain silent and the right to an attorney are substantially different in a California DUI case.

Possible exception: Nonetheless, any interrogating statements made after taken into custody (e.g. in the police car: "Were you drunk?" "Yes I was very drunk.") may not be used against the person at trial and are subject to suppression for failure to admonish prior to obtaining.

I blew a .07% or less. Why was I still arrested and charged with a California DUI?

A California DUI charge depends on all the facts & circumstances.

Alcohol affects different Californians in different ways. Some people may experience mild effects after two or three drinks; a few people may feel impaired after one.

California's .08 law exists because of federal funding pressure and because that law states that a .08 blood-alcohol level will impair anyone. But you may have a lower concentration of alcohol in your blood and still be allegedly impaired according to California DUI law.

A California DUI is one the most defended criminal cases by California criminal defense lawyers in California courts. The accused has a lot to lose if convicted. DUIs are extremely costly in terms of fines, court-imposed fees, insurance rates, ignition interlock devices, vehicle impounds, public work service, alcohol programs, and jail.

One of the biggest reasons people hire California DUI criminal defense attorneys to fight their California Drunk Driving charges is fear of losing their driver’s license. Our culture makes daily living difficult without personal transportation, particularly in rural areas.

California DUI police officers don’t always just depend just on numbers from a breath sample to decide if someone is impaired. A skilled and honest California DUI officer often knows, before doing a breath test, if the driver is likely to be arrested for a California DUI.

Unsteady gait, distinctly slurred speech, misunderstanding comprehensible directions, unexplained difficulty with basic motor skills and the manner of driving are possible characteristics that may say more about someone’s possible impairment than numbers on a machine.

California DUI laws and issues are extremely complex.

California Drunk Driving Criminal Defense Lawyers often have to deal with prosecution experts who, without scientific foundation, try to claim that people can be impaired at .05.

If you can establish you were under .05, there is a jury instruction that you are presumed not to be under the influence of alcohol.

If you are a commercial driver, it is unlawful to drive a commercial vehicle with a .04 BAC.

If you are an non-commercial adult driver who was charged with a California DUI at less than .08, you’ve learned the hard way that a small amount of alcohol can cause possible impairment, at least in the opinion of some California DUI police officer.

It gets very complicated for a San Diego California DUI criminal defense lawyer who must deal with many different jury instructions in California DUI cases.

Can they charge me with a San Diego California DUI if I was pulled over for just a California roll, improper turn or speeding?

A San Diego California DUI police officer has probable cause to stop you if he or she observes you running a stop sign, moving unlawfully, speeding, or committing any other type of traffic violation or crime. If, once pulled over, the San Diego California DUI officer's suspicion that you are driving under the influence is aroused based on the smell of alcohol or drugs, an admission to drinking, etc., you can be asked to do field sobriety tests and then potentially arrested for a San Diego California DUI.

Why is there no moving violation or equipment charge on my ticket, only a San Diego DUI?

A San Diego California DUI is the more serious offense and the crime you will be cited for. The police report regarding your San Diego California DUI arrest may reflect the fact that you were just committing a traffic law before stopped. The San Diego DUI Prosecutor may take that into account when attempting to plea bargain charges with your San Diego California Criminal Defense Lawyer.

The police failed to check a box, misspelled my name or made a mistake on the citation or notice to appear. Will my San Diego California DUI charges be dismissed?

No. A minor error will not constitute grounds for dismissal of your San Diego DUI charges. But your San Diego California DUI Criminal Defense Attorney may use an error or omission as a basis for attack.

The California DUI police did not have my permission to search my vehicle, but they did anyway. Was it an illegal search of my property?

Not necessarily. If the San Diego California DUI police officer can prove substantial reason to suspect that your vehicle contained an illegal substance or evidence of a crime, then he or she is considered to have probable cause to search the entire passenger cabin, and in some cases, any containers or packages present in the front section of your automobile. When an arrest involving a vehicle is made, the law imposes a lesser expectation of privacy. A premier San Diego California DUI attorney will explore probable cause issues when trying to plea bargain your case and before trial.

What happens on my first court date for my San Diego California Drunk Driving charges?

This initial court appearance for San Diego California Drunk Driving is a DUI arraignment. At this hearing your San Diego California DUI Lawyer almost always enters a Not Guilty plea to the San Diego California DUI charges against you.

After your San Diego California DUI Attorney enters the Not Guilty plea, he can request from the DUI Prosecutor the evidence including but not limited to your San Diego California DUI police report.

Will I have to appear if I have retained my San Diego California DUI criminal defense lawyer?

Under California law, your San Diego California DUI criminal defense attorney can make all appearances for you if you have been charged with a Misdemeanor DUI in San Diego County.

For a San Diego California Felony DUI case, you must appear at the arraignment even if you have retained a San Diego California Drunk Driving criminal defense attorney.

If the San Diego DUI officer doesn't show up at my first court date, will my DUI be dropped?

No. A San Diego California DUI is not like a traffic infraction; it is a serious misdemeanor crime. The arresting police officer's presence in court is only required during the motion and/or trial phase of your San Diego DUI case, not for your arraignment.

Why should I pay for a California DUI lawyer. Can I get a Public Defender?

First, you cannot represent yourself. These are serious cases with criminal penalties.

Public Defenders do not handle DMV hearings nor help you get your license back.

To apply for a Public Defender, you need to be able to swear under oath you have no job and/or have no assets in order to qualify as an indigent for the services of a Public Defender. A PD will be assigned to a specific courtroom to manage all of the cases that day for the indigent defendants who did not retain an attorney to represent them. Your case would be just one of hundreds.

California Public Defenders, by their very nature, handle numerous types of cases and might not be as prepared as a San Diego California DUI criminal defense attorney for all the scientific aspects, technicalities, and other issues involving a complex California DUI case. When facing the serious implications of drunk driving charges, hiring a California DUI criminal defense attorney who devotes his entire practice to defending California DUI cases will provide you with the best qualified DUI defense in California.

A California DUI attorney will thoroughly investigate your California DUI case. He will be in the California drunk driving courtroom because of you.

Should I have refused a San Diego DUI breath or blood alcohol test?

No, in California you should never refuse to submit to a chemical test. Even if your California DUI charge is ultimately dismissed, your driver's license will be automatically suspended for one year pending a refusal to consent to a blood or breath alcohol test. Also, a California DUI conviction in the face of a BAC test refusal can often incur more severe California Drunk Driving penalties, including a California jail sentence.

While a top California DUI defense attorney will attempt to refute a "consciousness of guilt" allegation for refusing a chemical test, a California DUI prosecutor will often claim that your refusal was due to impairment or a high BAC.

Don't worry if you took a test. There are many possible defenses to San Diego California DUI breath tests and to San Diego DUI blood tests.

Will the California DUI court count prior DUI convictions in other states against me?

Yes, in all likelihood prior Drunk Driving, DUI or DWI convictions will be of significant consideration when trying the California DUI case. Your latest DUI charge will be a considered a multiple (second, third, etc.) offense. Previous DUI offenses will typically incur more severe penalties if you are ultimately convicted, including but not limited to a lengthier jail sentence, higher fines, and a more expensive and longer alcohol program.

I smoked part of a joint or took medication, but I was not drunk on alcohol. Why am I being charged with San Diego California DUI?

A San Diego California DUI is defined as "Driving Under the Influence" of alcohol &/OR drugs. You could be arrested for a San Diego California DUI if you are suspected of being high, or a little buzzed, and believed to be impaired while driving your vehicle.

Marijuana, prescription medication, and other drug cases can be defended by a skilled San Diego California DUI criminal defense lawyer.

What is a wet and reckless or "wet reckless"?

A wet reckless is defined in California Vehicle Code Section 23103 per 23103.5 as driving recklessly, alcohol-related in California. As a possible plea bargaining resolution to California DUI charges for first-time offenders, a wet reckless will remain on your record for 10 years under present law and will be considered a priorable DUI offense in the event you pick up another California DUI resulting in a California DUI conviction within this ten year period. The fines and penalties for a wet reckless will often be reduced from those imposed for a California DUI. A wet reckless is not necessarily the outcome you want in your case. There are advantages and disadvantages. It is important to avoid a California DUI if possible. Your California DUI criminal defense attorney will explore all options and hopefully obtain the best possible result in your California DUI case.

My Blood Alcohol test results were over .08%. How would I have any chance of winning at my DMV hearing?

Yes. Court and DMV are separate & independent from each other. As in California DUI court, DMV chemical tests are not perfect. Your California Drunk Driving - DMV Defense lawyer may uncover a number of problems with DMV's case: procedural mistakes or omissions, improper administration of the test, equipment issues, improper probable cause, lack of reasonable cause and many other obstacles that would be grounds for a DMV Set Aside Order so you could retain your California license or your valid out-of-state license.

A premier DMV defense attorney will exploit the weaknesses and opportunities in the DMV's action against you.

The burden of proof is important. DMV has the burden of proof on all of the issues. If your California DUI - DMV defense attorney can knock out any issue, you win your DMV case.

DMV initially enjoys a generous presumption that the chemical test is presumed reliable. Once the driver's California DUI - DMV defense attorney shows a failure to adhere to any relevant statute, the burden shifts to DMV. The burden then falls on California DMV to show the reliability of the tests despite the violation. California DUI police must administer or perform the tests in strict adherence to state regulations before one's driver's privilege can be suspended. The San Diego County DUI Law Center is very successful in saving clients' privileges to drive, and as evidenced by the List of Victories.

Is the DMV action different from the criminal San Diego DUI court case?

Any DMV suspension or revocation is a quasi-civil, administrative action taken against your driving privilege only. Any suspension following a conviction in court is separate and independent from any DMV action. A court action may result in a mandatory action for which jail, fine, or other criminal penalty can be imposed.

Will the Judge be mad if I don't show up in court or hold it against me if I hire a San Diego DUI attorney and contest my DUI?

Of course not. It is your constitutional right to challenge any California DUI allegations and related evidence to be used against you. California DUI Judges are normally more comfortable presiding over California DUI cases involving persons who are represented by San Diego DUI criminal defense lawyers who are accustomed to the formalities and procedures of the court than self-representing defendants, whose lack of legal experience is often perceived by the Judiciary as time-consuming and burdensome.

If I hire a San Diego Drunk Driving criminal defense attorney, does that mean that the case will go to trial?

Who you hire as your San Diego DUI criminal defense lawyer is as important as how he gets the best possible outcome in your San Diego California DUI case.

A top San Diego DUI criminal defense specialist attorney is less likely to be challenged in a DUI courtroom due to the risk of a DUI Prosecution defeat; DUI Prosecutors preferably take only DUI cases to trial that he or she can win.

A San Diego California DUI criminal defense attorney may defeat an effort to prosecute you to the fullest extent of the DUI laws.

A San Diego DUI lawyer who is capable of superior performance is in a stronger position to negotiate a favorable pre-trial offer. The result is the best possible outcome for you.

Will I be charged to speak to a San Diego California DUI lawyer about my case?

No. Your initial consultation does not cost anything. Simply complete the Free DUI Evaluation. There is absolutely no obligation for this free San Diego California DUI - DMV attorney evaluation of your case.