Does a police officer need “reasonable suspicion” to stop my car?
A police officer needs reasonable suspicion of unlawful conduct to stop a motorist. The types of driving transgressions that result in an officer’s reasonable suspicion of a DUI violation vary greatly. There are several reasons for this variation: reasonable minds can disagree on the question of what is reasonable suspicion; the facts differ in every case; and states have different statutes making up what constitute traffic violations. The first question…
Read MoreI was arrested for a DUI and I blew a .08. Is it possible to have the DUI charge reduced to a lesser charge? CVC 23152a
YES, when our experienced DUI defense firm is retained to help our clients who were arrested for a DUI, it is our goal to have the DUI charge reduced to a lesser charge. There are 3 common “plea bargains” that can occur in a DUI case. A "wet reckless” is a lesser charge than a DUI. The fine is less, and it is better than a DUI, but it still…
Read MoreWhen I am stopped for a DUI and the officer asks me to blow into the handheld machine at the scene should I do so? Am I required by law to do so?
You are not required by law to submit to the breathalyzer test that the officer offers you at the scene. We almost always suggest that our clients refuse to submit to the test at the scene. There is no legal penalty for refusing to do so and if in fact you are at .08 or above then they will not have that evidence to use against you. On the other…
Read MoreIf am arrested for a DUI will that mean that my drivers license will be suspended?
YES, your driving privilege can be suspended if you are arrested for a DUI. When you are arrested if the police officer believes you are driving with .08 or above in your system then they will take your drivers license and provide you with a “pink paper”. This pink paper tells you that you have ten days to contact the DMV to request a DMV hearing. If you fail to…
Read MoreWhat happens if I refuse to take a breathe or blood test when requested to do so by a police officer?
If the police have stopped you and suspect you may be guilty of drunk driving it is critical for you to know what you are required to do by law and what you are NOT required to by law. The police officer is doing all that he can to obtain evidence that can later be used against you in court. Here are the rules. The officer may ask you to…
Read MoreCan I be convicted of a DUI even if when they drew my blood they found no alcohol in my system? (CVC23152a)
YES, if the results of the blood test show that you had a high quantity of legal or illegal drugs in your system. It is unlawful to drive a motor vehicle while under the influence of any substance (alcohol or drugs) if the alcohol or drugs in your system “impaired’ your ability to operate a motor vehicle like a prudent driver. The good news is that is more difficult for…
Read MoreIf I am arrested for a DUI, should I choose the breath test, or the blood test?
The police are supposed to offer only a blood or breath test, unless neither is available in which case a urine test is possible. Analysis of a blood sample is generally the most accurate, while breath machines are susceptible to a number of problems. Therefore, if you are confident that you are sober, a blood sample is the wise choice, otherwise take the breath test. Remember, only with the blood…
Read MoreI was arrested for DUI this past weekend but the officer never read me my Miranda rights. Can I get the case thrown out?
This is one of the most common questions people arrested for DUI ask and many think that their case should be dismissed because the officer never read them their rights. The Miranda rule applies when somebody is in custody and they are subject to an interrogation and only applies to statements the person makes. During a DUI investigation, prior to being handcuffed, the person is being detained but they are…
Read MoreWhat are the total costs if I am found guilty of a DUI?
Leading experts estimate the that total costs related to a DUI conviction now far exceeds $10,000. This is broken down into many components l. The fine, which for a first offender is about $2,000. 2. The cost of the required alcohol program ranges from $750 to $2,000 3. Your car insurance will either be cancelled or you will become “assigned risk”. The average increase in car insurance over a period…
Read MoreCan I go to jail for not paying my DUI fine?
YES. When you are convicted of a DUI you are placed on probation. One of the terms of your probation is to pay the fine. Most courts will permit you to make payments on the fine over an extended period of time. However, if you fail to pay the fine within the time period allowed by the court a warrant will be issued for your arrest for a probation violation.…
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