California DUI criminal defense lawyers at www.SanDiegodui.com and California dui criminal defense attorneys at www.SanDiegoDrunkDrivingAttorney.net are often asked questions:
What is a California DUI or California drunk driving?
California DUI, or California driving under the influence, is when a person operates a motor vehicle while intoxicated. In the state of California, it is illegal for any individual to drive a motor vehicle while under the influence of 1) drugs; or 2) alcohol; or both. It is also illegal for any individual to drive with a blood alcohol concentration of 0.08% or higher. If an individual violates either of the aforementioned laws, he/she can be arrested for and charged with California driving under the influence (DUI).
What causes California DUI law enforcement make a traffic stop?
California law enforcement will usually make a California DUI traffic stop when they have reason to suspect that a person is driving under the influence due to the person’s erratic driving behaviors (excessive speeding, slowing down, making wrong turns, swerving, weaving, etc.).
Do I have to consent to the hand-held California DUI breath test when stopped by law enforcement?
No. According to California law, breath tests are voluntary, which means that you have the right to refuse to take the hand-held California preliminary screening test/breath test during a traffic stop. However, the breath and blood tests that are administered at the police station, jail and sometimes trunk of the vehicle (not the hand-held) are not voluntary, which means you must consent to testing.
Can I refuse to take the California DUI field sobriety tests?
Yes. According to California law, field sobriety tests are voluntary, which means that you have the right to refuse to consent to the tests. In fact, you are better off refusing to take these tests as they are not very accurate at determining if a person is intoxicated and are also very easy to fail due to a variety of reasons.
What should I do if I have been arrested for California DUI?
If you have been arrested for DUI, you should seek immediate legal counsel from a reputable California DUI defense attorney. An experienced California DUI lawyer will do everything he/she can to get involved from the very beginning, usually right after you have been arrested. By getting involved from the start, an attorney can provide you with sound advice, direction, and aggressive representation through every stage of the California DUI process.
Why should I hire a California DUI defense attorney?
After you have been charged with California DUI, you face a variety of serious legal consequences if you are convicted, including: jail time, fines, community service, probation, DUI school, court ordered counseling, and the loss of your driver’s license. With the legal penalties being so great, you cannot afford to be without representation from an attorney who is extremely knowledgeable in California DUI law, and who has successfully represented numerous other California DUI clients. When you work with a DUI defense attorney, you have a much greater chance of obtaining a victorious outcome both in California dui court and at your California DMV Hearings.