What Happens in Court When Arrested for DUI?

When you are arrested for an alcohol related DUI (VC23152(b)), there are two separate and independent proceedings that are going to happen.  First, the Department of Motor Vehicles (DMV) Driver Safety Office will take action against your driving privilege by trying to suspend your driver license.  You have 10 days from the date of arrest to request a hearing with the DMV to contest the suspension.  Note that if you are arrested for a drug related DUI (VC23152(f)) (no alcohol) the DMV will take no immediate action against your driving privilege. But if you are convicted of the drug related DUI, the DMV will suspend your license based on the conviction. Continue reading “What Happens in Court When Arrested for DUI?”

Jail time and other Penalties for DUI

People often ask how much jail time can a person expect for a DUI conviction.  The answer is: it depends.    It depends on several factors such as whether the case is filed as a misdemeanor or a felony.  In addition, the circumstances of the case plays a significant role in determining the penalties.  Also, what Court where the case is filed plays a role.

In addition, there are more penalties to consider other than just jail time. Below is a discussion of the various penalties usually associated with DUI convictions: Continue reading “Jail time and other Penalties for DUI”

Field sobriety tests, and their problems explained

Field Sobriety Tests are tools that an officer uses out in the field to help him or her form an opinion if a driver is under the influence of alcohol.

Whether or not Field Sobriety Tests are accurate to begin with is an issue in itself.  The more important question, however, is whether the officer administered the tests correctly, and did the officer interpret his observations of test clues correctly. Continue reading “Field sobriety tests, and their problems explained”

How long does a DUI stay on your record in California?

The short answer is that a DUI stays on your driving record for 10 years in California for the purposes of using it as a prior conviction to aggravate the penalties for a new DUI conviction.   The 10-year period starts from the date of your arrest.

A DUI conviction can stay on your criminal record much longer – even permanently. Continue reading “How long does a DUI stay on your record in California?”

Can I get a DUI while driving high?

Many people ask, “can i get a DUI for driving high?”, and the answer is yes. Alcohol is not the only way to get a DUI. Today, marijuana is legal in California as far as recreational use. And police officers are very well trained to detect marijuana use. Cops are very well trained to detect the use of prescription medication and marijuana. If you’ve been arrested for a DUI, give me a call so we can examine the facts of your particular case, and figure out what’s the best way to defend your case. Continue reading “Can I get a DUI while driving high?”