Can I be charged with a DUI if I’m never arrested and I was allowed to drive home?
Yes, you can still be charged with a DUI. A person does not have to be arrested to be charged with a crime. So long as there are facts sufficient to indicate that a crime has been committed, a prosecuting office can issue formal charges. In a DUI case, the police officer could have obtained information from a driver’s field sobriety test or their blood alcohol level and forwarded that…
Read MoreIs it possible to be charged with a DUI for smoking marijuana?
Yes, you can get a DUI for smoking marijuana. Driving under the influence of a controlled substance is typically punishable as a misdemeanor. It is usually difficult for the prosecution to prove that you were under the influence of a controlled substance, since a breathalyzer test will not detect if you are under the influence of drugs. Therefore, it is near impossible for a prosecutor to determine how much drugs…
Read MoreCan I be successfully prosecuted for a DUI (CVC23152a) if when the cops arrived on the scene I was out of my car and the engine was not running?
The answer is it is possible that you could be found guilty of a DUI under these circumstances depending upon many other factors. If for example, the police have the following evidence: l. They find your car on the side of the road 30 miles from the nearest town. 2. You are the only person near the vehicle. 3. You have a strong odor of alcohol on your breath 4.…
Read MoreI was arrested for a DUI and I live in another state and I do not have the time to come back and forth for the court hearings. What can I do?
If you retain a DUI law firm to represent you then they can appear at your arraignment and you will not have to appear. They can likely appear at all of the court hearings for you and resolve your case without your need to ever appear. However, there is always a small chance your case could go to jury trial and if a jury trial was necessary that would be…
Read MoreWhat happens if I refuse to take a breath or blood test when requested to do so by a police officer?
The officer may ask you to take a breath test at the scene of your arrest. This is called a preliminary screening device or “PAS” test and you are NOT REQUIRED to submit to such a test. There is no penalty for refusing to do so. The officer may ask you to do some “field sobriety tests”. Once again you are NOT REQUIRED to submit to any of these tests.…
Read MoreI blew a .00 on a breathalyzer, however, I think they will find cocaine in my blood test. Will I lose my driver's license?
The good news is that the DMV will not take action to suspend your drivers license. This is because the DMV only takes action to suspend your license if you take a blood or breath test and the result is .08 or higher. The bad news is that if the blood test comes back showing cocaine in your system the District Attorney will likely prosecute you for DUI-Drugs under CVC…
Read More