Important California DUI Information
A DUI arrest can be very stressful. If you are facing DUI charges in California and want to know how your license will be affected or any other information about your case, here is some helpful information. If you are interested in learning more or want to understand how this information applies to your case, call our office for a free consultation.
DUI Laws: Learn more about the laws that apply to Driving Under the Influence offenses in California.
DUI Penalties: Find out what the common penalties are for a DUI conviction. California laws provide a guideline for sentencing DUI offenses.
DUI Defenses: Learn more about what defense have been used to successfully fight DUI cases.
Learn More About Your DUI Defenses
DMV Hearing: When you are arrested in California for a DUI charge, an administrative case against you is also opened. You only have 10 days after arrest to request a DMV hearing otherwise your license will be suspended within 30 days. If you refuse to take a breath test, your license will be suspended for an entire year.
Blood Tests: In some cases a blood test will be performed instead of a breath test in order to measure alcohol impairment. Even is the blood test results show you were over the legal limit, you may be able to challenge the results. Many errors can be made in testing blood and only an experienced legal professional knows how to ask the right questions.
Breath Test: Breathalyzer tests are the most common chemical sobriety test. If your BAC is .08%, you are over the legal limit and will be charged with DUI. Breath tests are not perfect and police officers can make mistakes while using the equipment. The devices need to be properly calibrated in order to be the most accurate. DUI Appeal: Even if you have been found guilty of DUI there is still hope. If there is new evidence or a mistake was made during your trial that directly affected the outcome, an appeal may be available to you.
Expungement: Under certain circumstances a DUI conviction can be removed from your record. This is called expungement and it is not easy to get. If you are successful, your conviction will no longer show up on background checks and public records. It will still be accessible by law enforcement however so your record will not be 100% cleared.
Field Sobriety Tests: When you are pulled over by police and suspected of DUI, the officer may ask you to perform a field sobriety test to look for impairment. These tests are supposed to evaluate your balance and motor skills which would be impaired if you had been drinking. Unfortunately, other factors like nervousness, poor balance or confusion can factor into an individual failing a field sobriety test.
License Suspension: When you are accused of having a BAC over .08% or your refuse to take a breath test, the California DMV opens an administrative case against you to suspend your license. Immediate action is needed by your California DUI attorney to request a DMV Hearing where they can fight for you to keep your ability to drive. In some cases, your license will be suspended but you may be able to get a limited driving permit that would allow you to drive to school, work and medical appointments.
The Stop: In order to be arrested for DUI in California, police must first stop you. This can happen by being pulled over or stopped at a sobriety checkpoint. If the officer did not have a valid reason for the traffic stop (i.e. you made a driving error) or the checkpoint was not legal, your DUI charges could be dismissed.
Call a California DUI Defense Attorney
If you have been charged with a DUI in California, there is good news. Your case is defensible. Our attorneys will examine every aspect of your trial in order to build a defense that can get you a ‘not guilty' verdict. You may think that there is too much evidence against you, but evidence can be challenged. Even state of the art breathalyzer devices can be inaccurate if not used correctly. Lead attorney Troy Slaten has professional knowledge of field sobriety tests and an alcohol screening device commonly found in DUI investigations. He uses this knowledge to understand how sobriety tests can go wrong.
We focus on building strong defenses for our clients. Our experienced team of attorneys will go over your case and look for possible areas of defense. There are many areas of defense that can be used and every case is defensible. We use our extensive knowledge of the law to defend you. No two cases are alike, and so, no two defenses are either. Some of the most common defenses we use include challenging the sobriety test results and the lawfulness of the traffic stop. Regardless of the circumstances, our DUI defense lawyers will fight for you.