What Happens After an Arrest for DUI in California?
A DUI arrest is a stressful experience no matter how it happens. Whether you were pulled over on suspicion of DUI, the officer pulled you over because of a problem with your vehicle and then realized you were intoxicated, or you were involved in an accident or stopped at a checkpoint, the result is the same. The officer places you under arrest. What happens next? The Testing Procedure The first thing that will happen is you’ll be transported to either the jail or to a hospital where you’ll be required to undergo testing to determine if you were actually driving under the infl[...]
Third DUI Offense – What Drivers Need to Know
If you have been convicted of DUI in the past, you might think that you know what’s in store for you with your third charge. Actually, you need to prepare yourself. A third DUI in the state of California carries stiffer penalties than a first or second offense. There are also other factors that can play a role. As always, the best defense is to avoid getting behind the wheel if you’ve had a drink. However, if you are arrested and charged with a third DUI, you’ll need to know the following.Losing Your LicenseAll DUIs come with some duration of license suspension. A third DUI carries an au[...]
What Are the Differences between a Misdemeanor DUI and Felony DUI?
DUI is a crime, even if no one was hurt. If you’re found guilty of driving under the influence, you face repercussions. However, the severity of your infraction will determine exactly what happens in your case. There are two types of DUIs in California: misdemeanor DUIs and felony DUIs. Most of the time, DUIs are misdemeanor crimes. However, felony charges do happen. What’s the difference, and which will you be charged with? It Depends on Your Situation The difference between being charged with misdemeanor DUI and felony DUI in California is largely based on the specifics of [...]
What occurs if I decline to undergo the Breathalyzer test?
The primary means to determine whether a driver is drunk while behind the wheel is the Breathalyzer test. It has been the subject of a lot of controversy, but it remains an important tool for police officers. Should you refuse to take the breath test on the side of the road? You’re within your rights to refuse, but there are some very good reasons to go ahead and comply with the officer’s instructions.You May Refuse the PAS TestFirst and most importantly, refusing to take the breath test doesn’t mean that you won’t go to jail. If the officer suspects that you’ve been drinking and dri[...]
What Should I Do at a Sobriety Checkpoint?
Sobriety checkpoints (or roadblocks) have become common tools used by police forces all around the country, not just in California. At the best of times, they’re an annoyance. They can also be significantly problematic, even if you have had nothing to drink. Knowing what to do when you are approaching these checkpoints, how to act toward the officers, and what your rights are will help you make it through. Know When and Where Understand that under federal law, all sobriety checkpoints must be publicized before they occur. Many California residents don’t know this, and that kn[...]
DUI Probation Violation – What Happens?
I wrote a newer post on this topic that includes information about possible defenses for a DUI probation. Please have a look and contact me if you have any questions.With the help of an attorney, there’s an excellent chance that you’ll have your DUI charges dismissed or get out of court with only probation. However, if you’re on probation, you must abide by the court’s rules, or else you violate the terms of your probation. This violation opens you up to a wide range of damaging repercussions. What constitutes a violation of probation, and what might happen if you do violate those term[...]
