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Answers to DUI Arrest Questions - San Jose, California

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For additional information on DUI charges please check out our information in the resource section below. Always consult with a lawyer immediately as this information does not constitute legal advice and you will need to act quickly to protect your rights.

Anatomy of a DUI

An arrest for DUI is only the beginning of a long process.  The first part of the process happens after a DUI arrest in criminal court, while the second part of the process takes place at the Department of Motor Vehicles (DMV).

The Criminal Process

  • Initial Contact with Police/Arrest

When you are first contacted by police, but before they have decided they enough evidence to arrest you for DUI, they may ask you to perform field sobriety exercises (stand on one leg, touch the tip of your nose with your eyes closed, etc.).  You DO NOT have to perform these exercises and there is no penalty for not doing them.  Before an arrest, police may also ask you to blow into a portable breath testing device in order to measure the percentage of alcohol in your blood.  You DO NOT have to perform this test and either, and police are required to tell you that it is voluntary.

Performing these tests before you have been arrested only provides the police with evidence to use against you in court.  Do not volunteer to perform either of these pre-arrest tests.

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  • Chemical Testing After Arrest for DUI

If police place you under arrest for DUI, California's “implied consent law” law comes into play.  The implied consent law basically says that when you drive a vehicle on California roads, you agree to consent to a chemical test if you are arrested for DUI.  The implied consent law states that you must be told that you have the choice of chemical tests to measure the percentage of alcohol in your blood.  These test options include a breath test or a blood test, and in certain cases, a urine test. Police are also required to tell you that you can refuse such tests, but if you refuse, police must tell you that your driving privilege will be suspended by the Department of Motor Vehicles and your refusal can be used against you in criminal court.

  • Court

Following a DUI arrest, police will write a report about what happened and they will send a copy of the report to the district attorney's office. The district attorney is the criminal prosecutor for the state government. The district attorney's office will decide which, if any, charges to file against you following your arrest.

The first criminal court appearance after an arrest for DUI is called an arraignment.

At the arraignment, the judge will tell you what charges have been filed against you by the district attorney and you or your attorney will usually be given a copy of the police report and the criminal complaint, the official document prepared by the district attorney that spells out what you are charged with.

If you do not have an attorney, the court may give you additional time to hire one, or may appoint an attorney to represent you if you cannot afford one.

The court will also set the next court date in your case. Often this will be for what is called a settlement conference. At a settlement conference, your attorney can discuss the case a possible settlement of your case with the prosecutor.

If your case is not settled, you and your attorney may decide to file certain motions with the court, such as a motion to suppress evidence against you that the police took illegally. If a motion to suppress evidence is granted by the judge, your case will usually be dismissed because there will not be any or enough admissible evidence to convict you.

And of course, in consultation with your attorney, you may decide to take your case to trial.

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The DMV License Suspension Hearing Process

After a DUI arrest, the arresting officer will seize your driver's license and issue you an order of suspension and a temporary driver's license (pink in color).

The officer will send all the paperwork from your arrest to the Department of Motor Vehicles, triggering an administrative process that is completely separate from the criminal case.  In this process in a case involving a driver age 21 or over who is arrested for DUI, the DMV will suspend your driving privilege if it finds that:

(1) A police officer had reasonable cause to believe you were violating Vehicle Code section 23152 or 23153 (the drunk driving law);

(2) You were lawfully arrested; and

(3) You were driving with a blood alcohol concentration of 0.08 percent or more.

That temporary license (pink form) the officer gave you says that you have ten days to contact the DMV and request a hearing regarding your license suspension.  If you do not request a hearing within the ten day period, the DMV may suspend your license if it finds that the three items listed above to be true.

The hearing officer is not a judge or a lawyer. He or she is an employee of the DMV.   The hearing officer's job is to decide whether to uphold the suspension of your license.  Unlike in the criminal court process, the DMV hearing officer performs the role of prosecutor and judge. The hearing officer will present the DMV's case, question witnesses, and cross-examine the DUI client and his or her witnesses. The hearing officer also makes rulings on the admissibility of evidence and objections.

DMV hearings are unlike the regular court process. They have very specific rules and procedures and the process can be very confusing to the average person. This is why it is important to contact an attorney immediately after your arrest for DUI so that he can present you at your DMV hearing.

DUI Defenses

The Constitution guarantees criminal defendants the right to present a defense.

Some things we might think are valid defenses are not recognized by the law as such.   A defense is a set of facts that act as a kind of excuse or justification for the alleged illegal behavior.  If you prove you have a defense at trial, you are not guilty of the crime charged.

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In some cases, an attorney may be able to persuade the prosecutor that you have a valid defense to the charges before trial, resulting in a dismissal or a reduction in the charges or penalties.

Potential Defenses to a DUI Charge in California:

  • Duress: You committed an unlawful act but you reasonably feared an immediate threat to your own life unless you did so.
  • Necessity: This defense has several parts to it.
    • You acted in an emergency to prevent a significant bodily harm or evil to yourself or someone else
    • You had no adequate legal alternative;
    • Your acts did not create a greater danger than the one avoided;
    • When you acted you actually believed that the act was necessary to prevent the threatened harm or evil;
    • A reasonable person would also have believed that the act was necessary under the circumstances;
    • You did not substantially contribute to the emergency.
  • Accident and Misfortune: You acted without the intent required, but acted instead accidentally, without evil design, intention or negligence, i.e., your car rolled down the hill because your emergency brake wasn't working.
  • Involuntary Intoxication: This defense may be available in drunk driving case – e.g. somebody spikes your drink without your knowledge — but it would be difficult to show how you did not know you were intoxicated when you decided to drive. (See unconsciousness, below.)
  • Unconsciousness: You are not guilty of committing a crime if, when you acted, you were not conscious of your actions. A person can be unconscious even though he or she is able to move. Unconsciousness may be caused by many things, including but not limited to a blackout, an epileptic seizure, involuntary intoxication, or sleepwalking.

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  • Breath/blood/urine tests – Call me and ask me about your particular case and any potential defenses that you may have.

Things That Are Not Defenses (or Not Good Defenses) to a DUI in California:

Alcoholism — Although being an alcoholic can be a defense to simple intoxication charges, it is doubtful that it would be a defense to DUI because it is believed that people are not forced by alcoholism to drive a vehicle against their will.

Voluntary Intoxication:  This defense can be a defense to what are called specific intent crimes.  But because drunk driving is a general intent offense, voluntary intoxication is not a defense to drunk driving.

Driving Under the Influence of Drugs

Not only is it illegal to drive under the influence of alcohol (or alcohol and combined with drugs), it is also illegal to drive influence of drugs by themselves, whether prescription or over-the-counter.

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How is driving under the influence of drugs proven?

In cases involving drinking and driving, it is illegal to drive a vehicle with a blood alcohol content of 0.08% or more.  Although some disagree, the general consensus is that driving with a blood alcohol content of 0.08% or more is not safe because at that level most people's driving ability is impaired.

But when it comes to driving under the influence of drugs, we are less sure of how much of a particular drug affects a person's ability to drive. As a result, currently there is no “magic number” at which a person is considered to be guilty of driving under the influence of drugs.  (The California has considered, but not enacted, a law making it illegal to drive with any amount of certain drugs in one's system.)

As a result, to prove a person is driving under the influence of a drug, the prosecutor must show that the drug used actually impaired your driving to “an appreciable degree.”  Since the level of  impairment caused by drugs cannot yet be reliably determined by a chemical test, actual impairment can be proven in court by expert testimony, the testimony of a police officer who witnessed erratic driving, and other factors.

Chemical testing for driving under the influence of drugs

A breath cannot be used to detect the presence or quantity of drugs present in one's system.

If you are arrested for driving under the influence of drugs, your chemical test choices are limited to a blood or a urine test.

Penalties for driving under the influence of drugs

Penalties for driving under the influence of drugs are essentially the same as for driving under the influence of alcohol.

Of course, if you are found to be in possession of illegal drugs at the time of an arrest for DUI drugs, you can face additional serious charges for possessing those drugs.

Driving while addicted to a drug

Many people are unaware that it is also illegal to drive while addicted to a drug, unless you are participating in a narcotic treatment program.

A person is considered addicted when he or she:

(1) Has become physically dependent on the drug, suffering withdrawal symptoms if deprived of it;

(2) Has developed a tolerance to the drug's effects and therefore requires larger and more potent doses; and

(3) Has become emotionally dependent on the drug, experiencing a compulsive need to continue its use.”

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Penalties for DUI

The penalties below are some of the common, although not guaranteed outcomes for DUI convictions. Not every possible penalty is listed.

DUI – 1st Offense (over 21)

  • Fines:  $390 to $1000 fine, plus assessments
  • Jail:
    • Without probation: 96 hours to 6 months
    • With probation (3 to 5 yrs.): Completion of first offender drinking driver program (durations vary)

License suspension: 6-months (10-months if BAC is .20% or higher or chemical test refusal)

DUI – 2nd Offense (over 21)

  • Fines:  $390 to $1000 fine, plus assessments
  • Jail:
    • Without probation: 90 days to 1 year (chemical test refusal: add an additional 96 hours jail)
    • With probation: 0 days to 1 year jail OR 96 hours to 1 year, with the 96 hours being served in two 48 hour increments of continuous confinement

License suspension: Generally 2 years for non-commercial licenses

DUI – 3rd Offense (over 21)

  • Fines:  $390 to $1000 fine, plus assessments
  • Jail:
    • Without probation: 120 days to 1 year (any jail term must include 48 continuous hours jail or 10 days community service)
    • With probation: 120 days to 1 year (unless you request 30 month Drinking Driver Program, then the minimum jail time is 30 days; any jail term must include 48 continuous hours jail or 10 days community service)

License revocation: Generally 3 years

“Wet” Reckless Plea Bargains in DUI Cases

A “wet reckless” refers to a reckless driving offense where alcohol may have been involved.  But a wet reckless is not something for which you can be arrested.  It is simply an alternative charge offered as part of a negotiated settlement in a DUI case.

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Is a wet reckless better than a DUI?

Pleading to a wet reckless has some advantages over a traditional DUI. For example:

  • No mandatory jail time
  • If jail time is imposed, it is capped at 90 days
  • Shorter probation period (1 to 2 years as opposed to 3 to 5 years for DUI)
  • Earlier eligibility to apply for expungement
  • Lower fines (about half of the fine for a DUI)
  • No mandatory license suspension
  • Shorter, if any, DUI school on 1st wet reckless (6 weeks vs. 3 mos. For DUI)

Is there a downside to a wet reckless?

  • The wet reckless will still count as a prior in court if you get another DUI and could subject you to sentencing as a repeat offender.
  • The DMV may suspend your license if your blood alcohol was 0.08% or above and you license suspension is upheld at the DMV hearing
  • Some auto insurance companies treat a wet reckless like a DUI for cancellation or rate raising purposes.

When is a DUI likely to be reduced to wet reckless?

Although policies vary from county to county, prosecutors often offer a wet reckless plea when your blood alcohol concentration is close to 0.08%, or there are problems with proving the case.

“Dry” Reckless Plea Bargains in DUI Cases

A “dry reckless” charge is simply reckless driving without alcohol or drug involvement.

Pleading to a dry reckless has several advantages over a traditional DUI. For example:

  • No mandatory sentencing enhancements for repeat dry reckless offenses
  • If jail time is imposed, it is capped at 90 days
  • Shorter probation period (1 to 2 years as opposed to 3 to 5 years for DUI)
  • Earlier eligibility to apply for expungement
  • Lower fines
  • No mandatory court-ordered license suspension
  • No mandatory DUI school (if school is imposed it's capped at 6 weeks)
  • Fewer auto insurance consequences

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Drinking and Driving – Under Age 21

It is illegal to drive a vehicle while under the legal drinking age of 21 if you any detectable alcohol in your system.

Penalties for Underage Drinking and Driving

Under age driving with a blood alcohol concentration of 0.01% or higher (infraction)

  • 1 year license suspension (no jail time)
  • Under age driving with a blood alcohol concentration of 0.05% or higher (infraction)
    • 1 year license suspension (for a first offense)
    • $100 fine (for a first offense)
    • 3 months or longer mandatory alcohol education program (if age 18 or older)
  • Under age driving while actually impaired by alcohol and/or drugs, or with a blood alcohol concentration of .008% or greater
    • License suspension
    • 3 to 5 years informal probation
    • Fine: $390 to $1,000
    • 3 to 9 month alcohol and/or drug education program
    • Up to 6 months jail

DUI Penalty Enhancements

There is a long list of enhanced punishments — such as additional jail time, heftier fines and longer license suspensions — that can be imposed on people who are convicted of DUI under certain conditions.  Some examples triggering the enhancements include:

  • You have prior DUI convictions
  • You were driving recklessly
  • Your blood alcohol level was more than 0.15%
  • You refused or could not complete a chemical test
  • You had a passenger under age 18 in the car
  • You caused injury to another person
  • Your vehicle could be impounded

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DUI under Age 21

For those under age 21, it is illegal to drive a vehicle with any detectable alcohol in your system.

There are essentially three possible DUI offenses for persons under age 21.

The first two offenses are infractions:

  • DUI with blood alcohol content of 01% or More (Vehicle Code section 23136)
  • DUI with blood alcohol content of 05% or More (Vehicle Code section 23140)

Both offenses can be proven by a breath or blood test.  But because the offenses are infractions, you have no right to a jury trial.   But the 0.05% offense also can be proven by alternative methods and without a breath or blood test to determine your blood-alcohol concentration.

The third possible under 21 DUI offense is a misdemeanor (Vehicle Code section 23152(a) or 23152(b)):

  • If you are under 21 and you drive with a blood alcohol content of 0.08% or more or your driving ability is actually impaired due to alcohol and/or drugs, can be charged with the “adult” misdemeanor version of DUI and be subject to all the same penalties as a person 21 or older. And of course, if you have three or more prior DUI convictions, subsequent offenses can be felonies regardless of your age.

Traffic or Juvenile Court, Not Criminal Court

If you are charged with either of the two under 21 DUI infraction offenses, and you are under the age of 18, your case will be handled in either the juvenile traffic court or the juvenile court/probation system.  But if you are over age 18 when charged, your case will be handled in the adult traffic court unless you are also charged with an additional misdemeanor or felony charge.

Penalties for Underage Drinking and Driving

Under age driving with a blood alcohol concentration of 0.01% or higher (infraction)

  • 1 year license suspension (no jail time)

Under age driving with a blood alcohol concentration of 0.05% or higher (infraction)

  • 1 year license suspension (for a first offense)
  • $100 fine (for a first offense)
  • 3 months or longer mandatory alcohol education program (if age 18 or older)

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Under age driving while actually impaired by alcohol and/or drugs, or with a blood alcohol concentration of .008% or greater

  • License suspension
  • 3 to 5 years informal probation
  • Fine: $390 to $1,000
  • 3 to 9 month alcohol and/or drug education program
  • Up to 6 months jail

Related Offense – Possession of alcohol in vehicle by person under 21

People under 21 may not carry alcohol inside a vehicle unless:

  • the container is full, sealed, and unopened, and
  • they are:
    • accompanied by a parent or other specified adult,
    • getting rid of the alcohol because their parent or such an adult told them to, or
    • carrying it as part of their job working for someone with a legitimate liquor license.

Penalties for possessing alcohol in a vehicle include:

  • Vehicle impoundment up to 30 days,
  • $1,000 fine, and
  • 1 year driver's license suspension

Additional consequences of an underage DUI

An under 21 DUI can have far-reaching consequences.  If you are convicted of an under 21 DUI, when you apply for college or employment, the conviction must be must be reported on the applications.

An under 21 DUI also counts toward your criminal history score if you are subsequently convicted of a federal crime.

Emergency Response Costs in DUI Cases

Getting a DUI can be very expensive.  Not only are there fines and DUI school to pay, but your auto insurance rates will almost surely go up.  While most people are familiar with these costs, there is another not so well known expense that can be come with a DUI — emergency response costs.

That's right, public agencies, like police departments, fire departments, Cal-Trans and the California Highway Patrol (CHP), can recover their emergency response costs from DUI drivers who cause incidents requiring an emergency response.

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What Are Emergency Response Costs?

Emergency response costs include the costs of providing police, firefighting, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident.

What Is an “Incident”?

Although generally an “incident” must involve something more than just driving under the influence, the courts have essentially allowed the California Highway Patrol to use its own definition of “incident,” which includes not only DUI accident cases, but also any case where a DUI suspect causes the CHP to have to provide “an appropriate emergency response.”

What Kinds of Things Can A Person Be Required to Pay For?

Salary costs for time spent:

  • traveling to and from the scene
  • transporting the subject from the scene
  • booking the subject
  • performing chemical tests
  • writing required reports
  • performing follow-up investigation necessary to complete the reports

The CHP also can charge for the cost of an officer's benefits, such as health insurance and retirement.

Is There Anything They Can't Charge For?

Yes, salary costs of responding personnel incurred after a person is arrested cannot be charged, nor can the cost for an officer to testify in court.

What Is the Maximum Amount They Make You Pay?

Up to $12,000 per incident

Expungement of a DUI Conviction

An expungement is the set aside of your DUI conviction and a dismissal of the case.

Filing of Petition

The expungement process involves the filing of a petition with the court where your DUI conviction occurred.  Along with this petition, typically you would include a declaration from you explaining why the petition should be granted. We can also file letters of recommendation from employer, friends, family, clergy person and other evidence to persuade the court to grant the petition.

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Copies of the petition and accompanying documents must be given to the district attorney's office and, in some cases, the probation department.

Hearing

After the petition is filed, the court schedules a hearing at which your attorney will appear for you.  Usually a representative from probation will appear at the hearing or provide the judge with a written report as to how you performed on probation.

A representative from district attorney's office will also be present and will weigh in on whether you are a suitable candidate for an expungement.

An attorney can appear at the hearing, argue on your behalf and present evidence demonstrating granting the petition would be in the interests of justice.

Expungement Granted

If the judge grants the expungement, the court staff will notify the California Department of Justice (DOJ) that the expungement was granted and the DOJ must update your record to show the DUI has been dismissed within 30 days of the order being granted.

Expungement Not Granted

There is no limit to how many times you can petition for an expungement or how long you have to wait to re-petition. So if your expungement petition is at first denied, you can try again.  An attorney can advise you on the best way to handle a second petition and how long to wait until you re-file.

How Does the Court Decide Who Receives a DUI Expungement?

The judge is not required to grant a request for an expungement. Instead the court is allowed to use its discretion – in other words, the judge has the freedom to decide whether to grant an expungement on a case-by-case basis.

Generally, a DUI expungement can be granted if:

  • You have fulfilled the conditions of probation have been satisfied for the entire probationary period; or
  • You have been discharged from probation early; and
  • If the judge, in his or her discretion, believes you should be granted relief in the interests of justice.

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How Does a DUI Expungement Affect Employment?

After a DUI expungement, if a potential employer asks if you have ever been convicted of DUI you can honestly answer “No.”  By law, the only time that you have to disclose an expunged offense in California is if: (1) you are contracting with the California State Lottery; (2) you are running for public office; or (3) you are applying to become a police officer.

It is illegal for an employer to request or use a record of non-convictions, or of participation in diversion or other programs after which the case is dismissed, to affect employment status, and the employer can suffer damages for doing so including criminal prosecution. (Cal. labor Code Sec. 432.7)   Nonetheless, it is always possible that some employers may do deep background searches and become aware of such a record and without disclosing the reason, fail to hire or promote someone because of their undisclosed knowledge.

How Does a DUI Expungement Affect My Driver's License?

An expunged DUI conviction still counts on your driving record and with the DMV as a prior for 10 years after the date of the offense.  What this means is that an expunged DUI can be used against you by the DMV for purposes of suspending or restricting your license if you get another DUI in the future.

Does an Expunged DUI Count Against Me in Court if I Get Another DUI?

Yes.  An expunged DUI conviction still counts as a prior if you are charged in criminal court with DUI in the future and can be used to make future DUI charges more serious and subject to heavier penalties.

Impact of a DUI Charge or Conviction on Occupational and Professional Licenses

While most people know that a DUI arrest or conviction can result in the suspension or revocation of one's driver's license, many are unaware that a DUI arrest or conviction also can result in the denial, suspension or revocation of an occupational or professional license.

Here is a list of some of the occupations/professions potentially affected by DUI arrest or conviction:

  • Attorneys
  • Judges
  • Pilots
  • Medical Doctors, Chiropractors, Occupational Therapists, Nurses
  • Anyone Licensed by the Board of Medical Quality Assurance
  • Insurance Brokers
  • Auto Salespersons/Dealers
  • Real Estate Brokers
  • Certified Public Accountants
  • Public School Teachers
  • Military and Other Government Employees

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Licensing boards, the state agencies that oversee the licenses of various occupations and professions, are allowed by law to discipline a person holding one of these licenses (“licensees”) who has been convicted of a crime that is “substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued.”

Licensing boards are also allowed to deny a license to an applicant based upon a conviction of a crime.  (Note: A “no contest” plea or expungement in a DUI case does not relieve a licensee from discipline or prevent denial of a license due to a conviction.)

Some occupations/professions, like pilots and doctors, require the licensee to report their own arrests and convictions for DUI to the appropriate board. In other cases, a conviction is reported to the appropriate board by the court.

It is strongly recommended that you consult with an attorney who handles licensing board issues, as they are very different from the criminal case.

Impact of a DUI on Commercial Driver's License Holders

A DUI conviction can be especially problematic for a commercial driver's license holder.  A driver's license suspension for a commercial driver can have a significant impact on the licensee's ability to make a living if, as a result of a suspension, they lose the ability to engage in work-related driving.   The DMV will suspend your commercial driver's license if you are arrested while driving a vehicle that requires a commercial driver's license with a blood alcohol concentration of 0.04% or more, or driving under the influence of drugs, or driving under the influence of any alcoholic beverage — meaning that your mental/physical abilities are impaired to an extent that you can no longer drive with the ordinary care and caution of a sober driver.

Your commercial license can be suspended even if you were not driving a commercial vehicle at the time of the DUI offense. For example, if you are a commercial license holder, and you get a DUI in your personal vehicle, your commercial license can be suspended!

Commercial license suspension periods:

  • First offense: 1 year suspension
  • Second and future offenses (in a 10-year period): Suspension for life

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If I Get a DUI Under My Commercial License, Can I Get a Restricted License?

Some first-time DUI offenders who have non-commercial licenses can get a special restricted license during their license suspension period that allows them to drive to and from work and school.

But commercial license holders are not eligible for a restricted commercial license that allows them to drive to or while at work.  Commercial license holders with a first-time commercial DUI may apply for a regular non-commercial license, but the restriction does not permit any work-related driving, whether in a commercial vehicle or not.

Eleven Things to Know If You're Stopped or Arrested for DUI

  • You must show your driver's license and registration if you are stopped while driving an automobile. Upon request, show them your driver's license, registration, and proof of insurance.
  • When you are first contacted by police because they suspect you may be DUI, but before they have decided they enough evidence to arrest you for DUI, police may ask you to perform field sobriety exercises (stand on one leg, touch the tip of your nose with your eyes closed, etc.). You DO NOT have to perform these exercises and there is no penalty for not doing them.  Before an arrest, police may also ask you to blow into a portable breath testing device in order to measure the percentage of alcohol in your blood.  You DO NOT have to perform this test and either, and police are required to tell you that it is voluntary.  Performing these testsbefore you have been arrested only provides the police with evidence to use against you in court.  It is recommended that you do not volunteer to perform either of these pre-arrest tests.
  • If police place you under arrest for DUI, California's “implied consent law” law comes into play. The implied consent law basically says that when you drive a vehicle on California roads, you agree to consent to a chemical test if you are arrested for DUI.  The implied consent law states that you must be told that you have the choice of chemical tests to measure the percentage of alcohol in your blood.  These test options include a breath test or a blood test, and in certain cases, a urine test. Police are also required to tell you that you can refuse such tests, but if you refuse, police must tell you that your driving privilege will be suspended by the Department of Motor Vehicles and your refusal can be used against you in criminal court.
  • You don't have to consent to any search of yourself or your car. If you do consent to a search, it can affect your rights later in court. If the police say the arrest you on suspicion of a DUI they may have the right to search your car. Ask your lawyer if this applies in your case.
  • If police come to your house and ask to speak to you because they think you may have recently driven while under the influence, you do not have to answer the door or go outside to speak to them. Police may try to trick you to come outside your house — or even to the doorway or porch — so they can arrest you or see you better to gather evidence that you have been drinking (like looking to see if your eyes are red or watery, whether you have alcohol on your breath and whether you  can walk steadily). Remember, your home is your castle.
  • Do not interfere with, or obstruct the police — you can be arrested for it.
  • Police may “pat-down” your clothing if they suspect a concealed weapon. Don't physically resist, but make it clear that you don't consent to any further search.
  • If you are on DUI probation or under 21 year you have to submit to a roadside breath test.
  • Don't bad-mouth the police officer or run away, even if you believe what is happening is unreasonable. That could lead to your arrest.
  • If you're arrested or taken to a jail or police station, you have the right to remain silent and to talk to a lawyer before you talk to the police. You must tell the police things like your name, address, date of birth, etc, but if you are stopped for or arrested for DUI, you do not have to answer questions about whether and how much you have been drinking alcohol or drugs.  The less you say the better. The police will comment on your slurred speech.  Ask your lawyer questions, not the cops.
  • Do not make any decisions in your case until you have talked with a DUI lawyer.

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SHARI SUKARAM

Partner Shari Sukaram is a tough, knowledgeable and passionate advocate for her juvenile delinquency clients. In 2011 Shari Sukaram became a nationally published author. She is a strong believer that children, even those who make mistakes, have a golden opportunity to achieve their dreams if they are given a chance, shown that they should believe in themselves and put on the proper path.

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NAFIZ AHMED

Attorney Nafiz Ahmed has successfully defended over 2,500 criminal clients. A true trial attorney, his unique love of the law guides him in successfully defending his client's cases in ways that other attorneys cannot. Nafiz was voted a 2012, 2013 and 2014 Super Lawyer Rising Star® (2012 - 2016), and is a twice nationally published author in DUI defense strategies. He speaks Spanish and is committed to serving clients of all backgrounds.

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