DUI Frequently Asked Questions
In my years of legal experience, I have been asked many questions by my clients. I pride myself in providing accurate answers for all of them. Clients often ask:
What will cause an officer to stop me?
An officer will stop you if you are:
- drifting
- swerving
- weaving
- not staying in one lane
- driving too close to another vehicle
- driving 10 miles above or below the speed limit
- making illegal turns
They will also look for “symptoms of intoxication” such as:
- smell of alcohol on your breath
- slurred speech
- red or bloodshot eyes
- swaying or unsteadiness
- incapable of following direction
- displaying an inappropriate attitude
- have poor comprehension of what the officer is saying
Am I required to perform the field sobriety test?
No, you are not required to perform the field sobriety test. The officer should inform you that the test is voluntary. However, refusal to take the test could lead to larger consequences after the chemical test is taken.
Can I speak with an attorney before I take the field sobriety test?
In California, you cannot speak with an attorney prior to taking a blood, urine, or alcohol test.
What happens if I refuse take the chemical test?
If you refuse to take a chemical test, your driver’s license can automatically be suspended and you can receive additional jail time.
Why am I being charged with committing two crimes?
California law allows for you to be charged with driving under the influence, and also with a per se offense if you were driving with a Blood Alcohol Concentration that is .08% or higher.
What things may enhance my sentence?
Your sentence may be enhanced if:
- you have prior DUI convictions
- you were driving intoxicated and you are under the legal drinking age of 21
- you cause an accident or property damage
- you refuse to submit to a BAC or breathalyzer test
- your breathalyzer test results were greater than 0.20%
- you were driving 20-30 MPH over the speed limit while intoxicated
- you had a child (a person under the age of 18) in the car while driving under the influence
What are some DUI defenses?
The types of defenses vary. You should contact me immediately so we can discuss your case and possible defenses.
Can I represent myself?
Representing yourself is never a good idea . You will need an attorney, such as me, who fully understands the law. Contact me today so I can review your case, talk about the best defense options with you, and help you protect your rights.
What are the punishments for DUI?
Punishments include, but are not limited to:
- monetary fines
- jail time
- drug and alcohol abuse education
- community service
- loss or restriction of driver’s license
- vehicle impoundment
Contact us about your Los Angeles DUI today!
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