California Driving Under the Influence General Questions
What is the legal definition of DUI?
According to the California Vehicle Code Sections 23152(a) and (b), a person is considered to be driving under the influence if: he/she is impaired by drugs or alcohol; OR he/she is driving with a blood alcohol concentration of 0.08% or higher. In a driving under the influence criminal case, an individual may be tried and convicted of both of these charges.
Do I have to consent to the field sobriety tests?
No, you do not have to consent to field sobriety tests. In many cases, the police officer will not tell you of your right to refuse to submit to the field sobriety tests. However, it may be in your best interest not to consent to these tests because the results of these tests tend to be inaccurate.
What happens if I was not read my Miranda Rights?
When law enforcement places a person under arrest, they must read that person his/her Miranda Rights. Each person has the right to remain silent and the right to an attorney. If an officer fails to read you your Miranda Rights, anything you may have said during the time of your arrest may be inadmissible in court.
What happens if I refuse to take a chemical test?
There are several penalties associated with refusing to submit to a chemical test. The first penalty imposed on the individual is a minimum one year suspension of the individual’s driver license, as opposed to the typical four month suspension. Secondly, a mandatory jail sentence may be imposed if the individual’s refusal to submit to a chemical test was written in the court-filed complaint. Finally, the court and jury may see your refusal of a chemical test as consciousness of guilt, which could have a negative impact on your trial outcome and sentencing.
If convicted, what are the penalties for DUI?
If convicted of a DUI in criminal court, penalties may include: imprisonment, monetary fines, community service, DUI school, probation, and license suspension. These penalties are subject to enhancement if the individual has prior DUI convictions or under other special circumstances are at play, like the presence of a minor passenger in the car at the time of the DUI arrest.
Why should I hire a DUI attorney?
If you have been charged with DUI, the first thing you should do is contact an experienced and knowledgeable attorney. The Law Office of Robert Tayac has been helping California drivers with cases pending before the California DMV and California Superior Court for well over a decade. The firm’s all-encompassing knowledge of DUI defense has earned the Law Office of Robert Tayac a reputation for being strong, successful advocates for their clients both in the California Superior Court and the California DMV.
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