DUI Information
FAQ’s
Most frequently asked questions on California DUI:
Is a DUI a felony or a misdemeanor charge?
Most of the California DUI’s are considered misdemeanors. For any conviction higher than a third time DUI charge, the law prosecutes it as a felony at the discretion of the District Attorney.
How are drunk driving defendants punished?
Punishment varies from state to state as per the laws of local jurisdiction. Generally, first time offense may lead to a fine, license suspension or restriction, or attendance at a DUI program California. The second offense most likely involves a short jail sentence. In addition to this, community service, ignition interlock devices, AA meetings and/or impounding of the vehicle may be required.
Could I represent myself in court?
California DUI represents a complex set of laws. Defendants are best represented by a attorney with proven results. Generally, it is better to be represented by a California DUI lawyer.
What if I can't appear in court?
Your California Dui Defense attorney can appear in legal proceedings on your behalf.
What should I say, if I'm stopped by a police officer and he questions me if I've been drinking?
You do not need to answer incriminating questions when stopped for a California DUI. An example of a good reply is “I would like to speak with an attorney before I answer any questions".
I’ve never been advised of the "Miranda" warning: Can I get my case dismissed?
No. The officer is supposed to advise you a 5th Amendment warning after the arrest but often, they don’t. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest for DUI in California.
Can I get my driver's license back?
Each case has its own special facts and implied legal defenses that can be used against your DMV license suspension.
What is the DMV hearing about?
The DMV has the right to suspend or revoke your driver’s license if you don't challenge the action. To do this, they decide whether the police officer had a legal right to stop you and a legal right to arrest you. Then, depending on the test you took, they also decide whether your blood alcohol content was legally above the limit. Hearings for test refusal cases are held in a similar way.