The 20 most frequently asked questions by individuals involved with a DUI or a marijuana DUI case. Click on the links to view Mr. Taylor’s answers and/or recommendations. (The information provided here by the DUI defense firm has been referenced or linked to by more than 400 websites worldwide.)
For further information, see Lawrence Taylor’s DUI blog, the most popular DUI site on the internet.
The following list, from most likely sign to least likely sign, is the possible signs of a drunken driver. This list was developed by the National Highway Traffic Administration)
Appearing to be Drunk
It should be that excessive speeding is not a major symptom. Speeding requires quick reflexes and strong judgment, traits that are usually typical of a sober individual.
By law, an individual is not required to answer any questions that could incriminate them. An individual is allowed to ask to speak with an attorney before answering any questions. If you do state that you have been drinking, you are putting yourself in a dangerous position.
There is no right to an attorney until the individual is given the opportunity to take a breath blood test, or refusal of taking a chemical test.
Police officers are trained to looks for specific signs:
inappropriateattitude
The police officer has several test options available. The most common are:
The officer has most likely already made his judgment and decision of arrest before requesting a field sobriety test. When the suspect fails it is only validation for the officer and serves as additional evidence. Unlike the chemical tests, refusing to take a FST should not have any legal penalties. Politely declining the FST could be a valid option for the suspect to take.
Studies funded by the National Highway Traffic Safety Administration have concluded that only three of these test are reliable in determining if a driver is intoxicated: Heel-to-toe, one-leg-stand, and the horizontal gaze nystagmus test. These three tests use numerical scores which are specific to the suspect’s actions. The study also concluded that the other FSTs are unreliable and should be discouraged from being used.
This test is called the horizontal gaze nystagmus (HGN) test. Nystagmus is the medical term that describes a particular eye oscillation. The steadiness of the eyes while following the pen and the degree at which the eyes begin to move erratically indicate the level of alcohol in the blood of the suspect. The police officer attempts to determine if the angle of the eyes are less than 45 degrees. An angle of less than 45 generally indicates a blood-alcohol level of .05% or greater.
The horizontal gaze nystagmus test is still fairly new and has not been accepted for use in many states. Many medical professionals do not consider this test to be credible. It is also possible that some police officers performing this test are not qualified to administer the test. The untrained officer may not be able to negotiate the proper angle and hence misjudge nystagmus. Although approved in other states, this test is not accepted for use in California.
There are several penalties when an individual refuses to take one of the chemical tests:
You can refuse to take the chemical test, but you must be aware of the heightened penalties you may receive for doing so.
In California, the most popular choices are the breath and blood tests. Should a breath or blood sample not be available or there be a suspicion of drug use, a urine test could be taken as an alternative. Many officers do not inform suspects that they can have a blood test taken after the breath sample is taken.
Blood tests are the most accurate of the chemical tests. The technology used in the breathalyzer is known for its flaws and errors that create inaccurate test results. The urine test is the least accurate of the choices.
Your case cannot be dismissed for this reason. While police officers are required to advise you of the 5th Amendment, it does not have to take place until after an arrest have taken place. This obligation is sometimes overlooked by the arresting officer.
Similar situations occur when the suspect is not informed of their rights with chemical testing. There is an implied consent law in California which deals with a suspect’s legal requirement to consent to a chemical test and penalties if the suspect refuses. This is regulation the suspect must be aware of as it can affect the length of suspension of their driver’s license.
The traditional charge is known by a one of these terms:
Along with California, 48 of the 50 states have adopted a second charge known as the per se
offense. The per se
offense is defined as driving with an excessive BAC (that of .08% or greater). The defendant can, and usually will, be charged with both offenses. The individual, however, will only receive penalties for one of the charges.
Should the suspect refuse to take a chemical test, only the first offense will be charged due to lack of evidence on the per se
charge.
The charges involved in drunken driving are a complex subject and can be difficult to follow. The penalties are becoming gradually more severe and dealing with a case includes a range of administrative license, sentencing, evidentiary, constitutional, and procedural affairs.
A general attorney will have little to offer or possibly even hurt your case because they are generally unqualified or inexperienced for such a particular field. Comparing a general attorney to a DUI defense attorney is much like comparing a family practitioner to a brain surgeon. A qualified DUI lawyer can do several things to help improve your situation. A DUI attorney knows many of the particulars involved and can request measurements and maintenance records of the breath machine and have blood samples reanalyzed. They can also challenge evidence, look for possible flaws in the case, negotiate reduced penalties and sentences, contest the administrative license suspension, or obtain expert witnesses for the case. An experienced DUI attorney can be very beneficial to you with your case.
The ideal method to measure a qualified DUI attorney is through their reputation. One way to determine this is simply through asking lawyers in the local area who they believe are the most qualified in DUI defense. You can also visit courthouses ask clerks, bailiffs, and public defenders the same question: Which DUI attorney would they recommend?
The highest recognition DUI lawyers can receive is American Bar Association-approved Board-certification by the National College for DUI Defense. This certification shows an exceptionally high level of experience, knowledge and ability; there are currently only 5 ABA-NCDD Board-certified DUI attorneys in California (Mr. Taylor is one of them). Another strong indication of expertise is membership with the National College for DUI Defense, as well as attendance at the College’s rigorous 3-day seminar held annually at Harvard Law School. There are many qualities to look for in a DUI attorney.
Note: You should view online “client reviews” on such sites as Google, Yelp and AVVO with caution. Unfortunately, there are disreputable attorneys who will pay internet services to post false “reviews”, extolling the virtues of the attorney and giving him top ratings. Some of these attorneys have gone further and posted false reviews about their competitors, disparaging them with false allegations and poor ratings.
Generally speaking, then, you should seek attorneys who have excellent reputations, extensive experience and specialization in DUI defense. Conversely, it is wise to avoid attorneys who:
It is not recommended to seek out a referral from the local Bar Association or a referral service. These services usually work off of a list and just offer you the next lawyer on the list. The problem with this strategy is that there are very few skills or requirements necessary to have in order to be put on this list. All an attorney has to do is request to be put on the list.
At the Law Offices of Taylor & Taylor, we pride ourselves on offering value — providing the highest quality representation at a competitive cost. Our fees are reasonable and do not involve any hidden additional charges. Credit cards are readily accepted and payment plans are available. Please feel free to contact us at time to discuss fees without any obligation or cost. We look forward to serving you and helping you through this difficult time.
For a discussion of fees charged by DUI defense attorneys, as well as pitfalls to be aware of in seeking one, see What will it cost to retain a DUI attorney to defend me?.
DUI attorney fees will vary depending on several factors including but not limited to: reputation, experience, specialization, accident/injuries, speeding, children in car, blood-alcohol level, test refusal, prior criminal record, and more.
Make sure to consider the experience and reputation of the attorney as well as their ability to expose weaknesses in prosecution cases.
Beware of Low Charging Attorneys
Low fees do not justify the time, attention, and the court appearance, necessary to achieve a favorable result. These same attorneys may try to handle cases by phone. Which is an ineffective, and nearly impossible, approach to defend against a suspension. Watch out for attorneys that are inexperienced, have a poor reputation, or inability to specialize in this complex field.
Always ask to meet your attorney in person. Be sure to demand reliable information. Ask to view their defense experience and their credentials such as where they practiced law and their graduation dates and certificates. A clear indicator of lack of credentials or experience is if this information is not readily available on the firm’s website.
Avoid attorneys who:
Below is a range of fees charged by DUI attorneys in Southern California. The range for a first offense DUI arrest maybe helpful but should not be considered absolute:
| $1000 – 2000 | Minimal experience and competence, little time spent on the case, no costs covered. | |
|---|---|---|
| $2500 – 3500 | Some experience, competence and time given to the case. | |
| $4000 – 7500 | Experienced DUI specialist, good reputation with prosecutors and judges, extensive time devoted to the case, most costs covered short of jury trial. |
At the Law Offices of Taylor & Taylor, our fees do not include any hidden charges. We accept credit cards and offer payment plans. We pride ourselves in offering the highest quality representation at a competitive cost. We look forward to helping you. Feel free to contact us at any time to discuss fees without any obligation or cost.
There are many different factors involved in each individual case. A definitive answer to this question is not simple. While the particulars of cases and penalties differ from court to court, a first offense (with no “enhancements”, refer to #16) will include these penalties:
Second and subsequent offenses will trigger longer jail terms and longer license suspensions or revocations. Additional penalties include community service, AA meetings, and ignition interlock devices.
For an overview of information concerning what can happen to to your immigration status as a result of drunk driving in California, see the Immigration Legal Resource Center’s pdf topic entitled Immigration Consequences of Driving Under the Influence
For discussions of issues concerning the consequences of a DUI on entry to Canada from the United States, visit the website Canada DUI Entry, which includes such topics as:
When certain pieces of evidence exist in a case, California law requires an elevated penalty. Examples of the more common occurrences can be found below. The evidence must be stated in the complaint for the enhanced sentence to occur. The most common sentence enhancer is a previous DUI conviction or similar offense within 10 years of the new charge.
The more common occurrences:
Zero tolerancelaws in California usually charge the suspect with a much longer license suspension and require a lower BAC.)
The DUI will be elevated to a felony if there was personal injury to another caused by the suspect. If a death occurs, the charge could be elevated to manslaughter or even murder, when special circumstances exist.
In the state of California, it is against the law to have a BAC over the .08% limit while driving, not at the time the chemical test is given. Studies have shown that it can take the human body anywhere between 30 minutes and 3 hours for the alcohol to be absorbed. It is conceivable that an individual’s BAC could rise after he was stopped and arrested.
The time elapsed between when the suspect is arrested and when the chemical test is administered is approximately an hour. The test could show a level of .10% but because the alcohol was being absorbed, it could have been .07% while the suspect was driving. The suspects’ true BAC while driving was within the legal limits even though the test results showed an illegal level.
The term “mouth alcohol” refers to the presence alcohol in the mouth. A breath test result will show higher than normal results if the suspect has mouth alcohol. The breathalyzer uses a complex formula that takes the amount of alcohol and multiplies it by 2100 to get its results. The machine assumes the breath starts from the lungs. Factors such as these can create discrepancies is test results.
There are other potential reasons for having mouth alcohol:
Each case has its own intricacies and have their own unique variables, thus the defenses are nearly unlimited. It is feasible to categorize some of the defenses into specific areas:
drinking one for the roadcan create inaccurate results with the breath tests. It takes the body anywhere from 30 minutes to 3 hours to fully absorb alcohol into the system. Any chemical testing done during this time may not be accurate. Food in the stomach can elongate the absorptive phase.
The best source to answer any questions is a fully qualified DUI defense lawyer. But there are still other sources of information available: