DUI Arrest In California: What Do I Do Now?

We all know that it’s illegal to drive drunk, but people make mistakes. Sometimes it’s hard to tell when you’ve had too much. How do you deal with a DUI arrest?

California DUI Laws

California has some of the strictest DUI laws in the country. There are two separate sections of the California Vehicle Code which are applicable in a DUI arrest. Under C.V.C. § 23152(b), it’s illegal to drive with a blood alcohol of 0.08% or greater. The arresting officer will test your breath, blood, or urine to measure your BAC and if it’s over the limit, that’s a DUI.

Under C.V.C. § 23152(a), it’s illegal to drive “under the influence.” “Under the influence” simply means that your ability to drive is impaired – it means you may get a DUI even if your BAC is less than 0.08%. This isn’t an exact science – the officer will decide whether you’re under the influence when he or she pulls you over based on observations and field sobriety tests. If the officer determines that you’re under the influence, you’ll be taken into custody and asked to perform a breath, blood, or urine test to measure your BAC.

Do I Have To Take A Breath Test?

In California, you legally give “implied consent” to take a blood, breath, or urine test whenever you drive. You can refuse to take a BAC test, but your license will be automatically suspended for a year in addition to whatever penalties you may face for a DUI charge. C.V.C § 13353(a). If you’ve been convicted of a DUI within the past 10 years and refuse to take the test, your license may be suspended for even longer.

Do I Need An Attorney?

After you’re taken into custody, the state will formally bring charges against you. You’ll have to appear in court to defend yourself. So, should you hire an attorney?

If you don’t get a lawyer to handle your DUI arrest, you’ll have to manage your own hearing. The court will hold you to the same standard as an attorney – you won’t get any special treatment and you’ll be expected to be able to manage the proper paperwork, deadlines, rules, and procedures. If you choose to represent yourself, the judge will ask you a series of questions to make sure you understand the ramifications of proceeding without an attorney. If the judge is satisfied that you understand the risks, the hearing will proceed. The judge will tell you what the charges are and what potential penalties, including fines and jail time, you may face if you plead guilty or are found guilty.

There’s a reason lawyers go to school for years of training – the law is complicated and court procedures are convoluted. Small mistakes can be very costly – missing a deadline or doing the wrong paperwork can sink your whole case.  So, an attorney is a major asset in dealing with a criminal charge. At the very least, a lawyer knows how to handle all of the logistical aspects of the case – what motions and documents to file, how a trial proceeds, and more.

However, your lawyer isn’t just there to guide you through the paperwork. He or she can evaluate your case for errors in the police report, the actual stop, the administration of field sobriety tests, the accuracy of the breathalyzer, and more. The police have to follow a very specific procedure when pulling you over, collecting evidence, and taking you into custody. If they made a mistake, your case could be thrown out. If there’s a problem with the evidence, your lawyer may be able to negotiate with the prosecutor to reduce fines, jail time, or even the actual charges. Hiring a lawyer to represent you after a DUI arrest is not a guarantee that you’ll get out of the charges or that you won’t face penalties, but your lawyer will know how to go about minimizing the penalties you face.

Penalties For A DUI Arrest

The penalties for a DUI can be severe. These penalties include, but are not limited to, fines, impound fees, Alcohol Education classes, increase in automobile insurance costs (including the requirement of the filing of an SR-22 for a period of at least five years), drivers license re-issue fee, and attorney fees. The penalties are more severe if you have prior DUI convictions or if you injured a person or damaged property while driving under the influence. In total, a DUI arrest could cost upwards of $10,000.00. An experienced criminal attorney may be able to minimize these costs and punishments.

Don’t Ignore The Penalties

When you’re dealing with a DUI arrest, you’ll face certain restrictions. Your license may be suspended, for example. You may be required to attend an Alcohol Education class or perform community service. Whatever restrictions you face, you should follow them to the letter. Driving on a suspended license will come with its own penalties and may make the court less inclined to leniency regarding the DUI charges. Failure to perform court-ordered education or community service can even land you in jail. In other words, don’t ignore the penalties – that will only get you in deeper trouble.

The Bottom Line

The best way to avoid a DUI arrest is to only drive sober. It’s safer and can keep you out of a lot of legal trouble. If you do find yourself facing DUI charges, consider hiring an experienced local attorney to help you manage your case and minimize the penalties you face.

Image Credit: By Scott Davidson from United States (Police Car Lights) [CC BY 2.0], via Wikimedia Commons