CALIFORNIA DUI/DWI law allows the Department of Motor Vehicles to immediately suspend a driver's privileges when a driver is suspected of Driving Under the Influence (DUI/DWI).
WAS THERE A VALID STOP: The officer must have a reason for stopping your vehicle. The officer's observations must be recorded including their personal contact which may be done by video, audio or both. We have a right to review these records to determine if there were any errors and you have a right to confront your arresting officer at the time of trial in the presence of a jury.
WHAT ARE MY RIGHTS: (1) If you are stopped by the police you have the right to remain silent. You can hand the officer your drivers license, proof of insurance and vehicle registration. You do not have to answer any of the officers questions; (2) You have the right to consult with an attorney before you answer any of the officers questions and before you submit to any form of test (breath or blood), as long as it does not delay the investigation.
POLICE MAY ASK YOU TO SUBMIT TO FIELD TEST: You may be asked to submit to a variety of field sobriety tests such as the HGN tests which are commonly rushed and mis-diagnosed. If you refuse the field sobriety test, you may have your driver's license immediately taken away by the arresting officer. When this happens, the California Department of Motor Vehicles [CDMV] requires the officer to immediately forward a copy of a completed notice of suspension or revocation and your driver license. This must be accompanied with a sworn police report. The DMV automatically conducts an administrative review that includes an examination of that officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation."
WHAT IF I REFUSE TO SUBMIT TO A CHEMICAL TEST: You may wish to not submit to the chemical test such as a breath test for a variety of reasons including a medical condition. Or you may have just ingested an alcohol based breath wash, or you just burped which would cause erroneous readings. If you refuse to submit your license may be immediately taken and suspended. You have a right to a hearing within 10 days of receipt of notice of your driver's license suspension.
You have a right to have an attorney represent you during questioning, review of your file, negotiations, and at time of trial.
YOU MUST BE PROVEN GUILTY: The police have to prove you're guilty beyond any reasonable doubt. The National Traffic Safety Administration (NHTSA) has protocol that all police offers MUST be trained to follow in making DUI/DWI arrests. The Police must follow these rules exactly but they often don't and they often mis-diagnose your blood alcohol. The police are trained to give you instructions before each test. If this is not done properly the test results can be disputed in a court of law.
REMEMBER THE POLICE MUST PROVE YOU GUILTY: The accused is always charged with two violations. Driving Under the Influence of Alcohol or Drugs, 23152A and Driving with a blood alcohol level of 0.08 percent or more, 23152B. The first charge means you were driving with enough alcohol in your system so you no longer have the ability to drive your car in a reasonable and prudent manner. The second charge means your blood alcohol level was at 0.80 or higher.
The "A" charge is driving with enough alcohol in your system so you no longer have the ability to drive your car as a reasonable and prudent person would. Many times a juror who is not quite convinced will decide to split the difference and find the citizen guilty of the 23152 A but not guilty of 23152B, figuring the citizen on trial will get a lesser sentence. The fact is that the citizen will get the full sentence of up to six months in county jail if you find him guilty of either count. So don't be misled.
CALL: The Law Office of Frank J Prainito at 909-481-3626 for a FREE DUI consultation.
WE STAND READY TO HELP YOU REGAIN YOUR RESPECT.
CALIFORNIA DUI/DWI first conviction means you will receive no less than 96 hours in jail and no more than 6 months. You will also face fines of no less than $390 and no more than $1,000. Your driving privileges will be suspended for 6 months, however, you may be granted a temporary restricted license.
Second DUI/DWI conviction will result in no less than 90 days to 1 year in jail. You will be fined and your driver's license will not be reinstated until you provide proof of financial responsibility and proof that you have completed a "driving under the influence" program approved by the state. You may also be subject to installing an Ignition Interlock Device on your vehicle.
Third and Fourth Convictions are worse with longer jail time and stiffer fines. You may be considered a "habitual traffic offender" and for the next three years after conviction you may have your license revoked. Your driver's license will not be reinstated until providing proof of financial responsibility and proof that you have completed a "driving under the influence" program approved by the state.
