In recent years, many new DUI laws have passed. These new laws now consist of stricter penalties and, in some cases, a DUI can now be considered more extreme than a felony offense. It is no longer just a mild reprimand and an escort home for “drunk driving.” The laws defining a DUI offense, the related procedures, and the evidence, have grown incredibly intricate and complicated.
DUI in California
Interrogation by an Officer
After being pulled over for driving recklessly or being stopped at a DUI checkpoint an officer may begin asking you questions through an interrogation process. This interrogation process may be conducted by the officer without a being notified with a Miranda warning or the right to an attorney. Your remarks can later be used against you, called “incriminating statements”.
Breath and Blood Tests
The officer may request a breath test to be taken along with the potential for several field sobriety tests, though law does not require these tests. If escorted to the police station, a breath or blood test will likely be administered. If not compliant in taking these tests, your license may be automatically suspended or you may be faced with increased jail time. If the breath test is over 0.08%, the officer will take away your driver’s license and then issue a “Notice of Suspension” form.
Suspensions and Hearings
Make sure to schedule your administrative hearing within ten days from the time of your arrest. If not scheduled within the ten days, then you will lose the right to a hearing and possibly any chance to have the suspension set aside. For a first offense, a license will be suspended, on average, for about four months. Suspension begins thirty days after the arrest, if the hearing has been lost, when notified by mail. Note: The suspension is for one year if a chemical test was refused.
The driver may be criminally charged with either driving under the influence of alcohol and/or drugs, or driving with a blood-alcohol content of .08% or higher. Unless he refused to submit to blood-alcohol testing, he can be charged with both; although he can be convicted of both, he can only be punished for one. Penalties for a DUI can be more severe than a felony offense. Laws dealing with driving under the influence of alcohol, marijuana, and drugs, can be very complex. Be sure to hire a DUI defense attorney that is both experienced in handling criminal offenses and DMV license suspensions. Contact, or visit, the Law Offices Taylor & Taylor. We are here to protect you.
A Qualified DUI Defense Attorney
It is highly recommended to be represented by a qualified DUI Defense attorney. (The Law Offices of Taylor and Taylor specializes in this complex field of DUI cases) in proceeding with these multiple hearings. For more information, visit DUIblog and DUI Defense Blog.