DUI Tips for California

The laws in California concerning DUIs are becoming more strict. A DUI conviction can result in punishments ranging from license suspension to jail time. Below is some helpful information about DUIs.

What to Do If You’re Stopped for a DUI

If an officer pulls you over and you have been drinking, pull over carefully and safely. You may be asked to take a field sobriety test (which could consist of having you stand on one leg or recite the alphabet) or a breathalyzer or chemical test. You should know that refusal to take the chemical or breathalyzer test will result in you license being revoked for one year, even if you are not found guilty of the DUI charge.

Choosing a DUI Attorney in Los Angeles

It’s a good idea to do some research before choosing an attorney. Search on the Internet, use a local yellow pages and ask people you know for recommendations. Make a list of law firms in your area who handle DUI cases. Call each firm and find out which attorney specializes in DUIs. See if there are any outstanding complaints against that attorney with the California State Bar Association. Speak to each attorney and ask what specialized training they have had in DUI cases and how many DUI cases they have handled.

About the DUI Legal Process

When you are charged with a DUI in California, two separate legal actions occur: 1) the suspension or revocation of your driver’s license and 2) possible criminal charges. The DMV will examine the the report of the arresting officer, the order to suspend or revoke and the results of any tests. The criminal case can proceed in several ways, which include: entering a guilty plea, initiating a plea bargain process, having the charges dismissed or simply proceeding to trial.

California DUI Penalties: Civil

The possible civil penalties for a DUI vary, depending upon the circumstances, such as your age, whether it is a first or subsequent offense and whether you agreed or refused to take the chemical test. Possible penalty could be suspension of your driver’s license for a period of time or revocation of your driver’s license permanently or for a period of time.

California DUI Penalties: Criminal

A DUI is usually considered a misdemeanor in California. The penalty depends on whether this is your first DUI conviction. A first conviction usually results in an alcohol education class, suspension of your driver’s license, probation, a fine and/or 1-3 days in jail. Penalties increase from there depending on previous convictions within the past 10 years.

Should You Plead Guilty to a DUI?

People who are charged with a DUI and have performed poorly on a field sobriety or blood alcohol test often decide to plead guilty in court. You should be aware that, if you plead guilty, you relinquish your right to present a defense in a criminal court. Furthermore, a guilty plea can have an adverse effect on your driving record or any attempt to obtain a professional license.

Possible DUI Defenses

There are many possible defense strategies that can be employed by a skilled California DUI attorney, even if a defendant’s blood alcohol level was above the legal limit. Among these are questioning the legality of the police stop and the accuracy of field and chemical tests, just to name two.

When an Out-of-State Driver Gets a California DUI

An out-of-state driver who receives a DUI in California might think they are immune from prosecution because they are non-residents, but they are still susceptible to penalties from the California DMV as well as that of the driver’s home state. An out-of-state driver is also required to participate in any criminal court proceedings in California, or to hire a California attorney to attend for them.

The Impact of a DUI on Certain Professionals

A DUI arrest or conviction can have especially negative consequences for pilots, attorneys, registered nurses, mariners, physicians and truck drivers. These professions are all required to report a DUI arrest or conviction to their respective licensing boards.

The above tips are brought to you by James K Sadigh, an attorney in Beverly Hills / Los Angeles. James Sadigh has a long and proven record of defending the rights of his clients.