DUI - Driving Under Impairment in California
Saturday, November 14, 2009 at 7:26AM DUI - Driving Under Impairment in California
Whether or not the officer really smells alcohol or drugs, you should be alerted that you are being investigated for more than a simple ticket. Remember, YOU HAVE THE RIGHT TO REMAIN SILENT. Anything you say can and will be used against you. If arrested, you have the right to a court appointed lawyer to represent you. Right at this moment with the officer and that question, you have to be your own attorney and remain silent.
Only three field sobriety tests have emerged as scientific (claimed accuracy = 65%) - the HGN or Horizontal Gaze Nystagmus test, the OLS or one leg stand test, and the WAT or Walk and Turn. You are not required to take these tests or other tests. You can also decline the roadside breath test. You are required to submit to a "chemical" test because you are driving within California. That means only the official "chemical" breath, blood, or urine test. CAVEAT - the roadside test breath test is mandatory for persons under 21 years of age or on DUI probation.
When you are released from jail, the officer will give you a court date, a temporary license, and other paperwork. California licensed drivers can use the temporary license for 30 days and then suspension begins. The most important thing to understand is that to fight the DMV taking your license, you must contact them within 10 days of arrest.
It is best to get a lawyer's help with your case. If you cannot afford an attorney, remember your last right, the right to an appointed lawyer. Your appointed attorney cannot help you with the DMV though. You'll be on your own again and the DMV is tough on taking drinking driver's licenses.
DUI PUNISHMENT - CALIFORNIA
First Offense: Probation 3-5 years; Fine $390 - $1000; Jail 0 days - 6 months; DUI Class 3, 6, or 9 months; license suspended 6 months on top of any DMV suspension unless timed together with work license. Ignition Interlock Device (IID) installation in car owned or driven by you required after 7/1/2010.
Second Offense: same probation/fine; Jail - 4 days up to 1 year; DDP Class 18 or 30 months; license suspended 2 years; IID to obtain work license after one year suspended.
Third Offense: same probation/fine; Jail 120 days up to 1 year; DDP Class; license revoked.
Fourth Offense: Probation possible; Fine $390 - $1000; State Prison or Jail 180 days up to 1 year; DDP Class; license revoked.
Joshua M. Dale, Esq. is a San Francisco DUI & Criminal Defense Lawyer. He is also the Executive Director of the California DUI Lawyers Association. He can be contacted at (415) 750-4350 or through his website at www.joshdale.com
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Reader Comments (1)
Hi, I think this is a great article that I should have read before I went into the whole ordeal with my dui. I am glad it all worked out in the end though. You just need the right defense attorney. In San Francisco, I didn't have that hard of a time finding one but good luck to all of you.