DUI CASE DWI CASE DUI ALCOHOL DUI DRUGS

A DUI refers to driving under the influence of alcohol or drugs, or a combination of both. A DUI is a shorthand for driving while impaired, being charged with driving under the influence, or getting convicted (found guilty) of “drunk driving.” “DUI” is a generic term for anything related to court proceedings or an arrest for drinking and driving.

A blood alcohol level, also known as BAC level, is a measurement used to determine a person’s level of impairment from alcohol or drugs or a combination of both. The BAC level is used to determine whether to arrest and charge a driver with a DUI. The legal limit in California, and virtually every other state, is .08%, which means that an alcohol content of .08% or higher is considered illegal and will bring about DUI charges. The BAC level can be tested by either doing a breath test on a “breathalyzer,” or by giving a blood sample using a traditional blood draw.

Many people are often shocked to find out how high their BAC level is and are confused about how their BAC level could get so high, stating that they are small (or large) so there is no way they could get that high. The BAC level is relative to each individual and takes into consideration their total weight, body mass index, metabolism, liver function and several other factors, so the actual BAC number is a percentage of the person’s total blood content.

.08% BAC is the national standard for being impaired so any test result at or above .08% will cause a DUI charge. Interestingly, prosecutors can charge DUI even when the BAC level is below .08%. The DA can file a DUI even on .01% BAC if they feel that there is impairment shown from driving poorly (weaving, speeding, etc.) or from poor performance on field sobriety tests. Also, a person could be using alcohol and marijuana, for example, and have a BAC well below .08 yet the DA will still seek a DUI conviction.

DUIs have aspects that are extremely time-sensitive and urgent. The best thing to do is find the right lawyer ASAP who can request a DMV hearing immediately. The right attorney will make sure the DMV doesn’t suspend a person’s driver’s license until there has been a hearing to challenge the case and until all defenses have been put forth.

A driver does not need to answer questions at a checkpoint but must provide their name, driver’s license, proof of insurance, and registration upon being requested to do so by a police officer. Beyond those basic pieces of information, the driver does not need to disclose any other information. The driver does not need to disclose whether or not they had been drinking prior to the checkpoint.

In general, a person suspected of DUI will be given a choice between a blood test or a breath test. If the driver chooses the breath test but is unable to give a large enough breath sample (or the machine isn’t working properly), then the driver is required to give a blood test, even if they don’t want to. A driver is allowed to decline all tests except for the blood test. If the blood test is unavailable, the driver will be required to submit to any of the remaining options for testing – either breath or urine (rarely used anymore).

A driver can usually choose between a blood or a breath test, except when officers suspect drugs are involved, in which case they will require a blood test. If officers believe the driver is impaired with drugs, the driver has no option other than the blood test, and refusing to consent to a blood draw has severe consequences.

Mouth alcohol refers to any alcohol in your mouth that may be expelled by blowing into a breath machine. Mouth alcohol can come from just taking a sip of alcohol, from GERD (acid reflux) bringing up stomach contents that contain alcohol into the mouth, from dental work that causes excess fluids to remain in the mouth, etc. If someone gargled with alcohol and then blew into a breath machine, we would anticipate an elevated BAC result because of the mouth alcohol that is going into the breath machine.

Mouth alcohol is not an accurate indicator of impairment since it is not related to your actual BAC, since the alcohol is in your mouth and not being measured in your blood. Mouth alcohol is why police are required to observe a suspected DUI driver for 15 minutes prior to taking the breath test, to make sure they do not burp or regurgitate, causing excess alcohol to go from the stomach to the mouth, and then into the breath machine.

Expect to be held in jail during the booking process from anywhere from 2 hours to 24 hours, the average being about 12 hours until release. Upon release, the jail will give the driver important paperwork outlining the date for the upcoming court case and urgent DMV requirements that need to be handled. In the first 24 hours after an arrest, most people are stunned and don’t know what to do or who to turn to. We handle every aspect of the case and explain the entire process to each client so they can feel comfortable knowing that everything is being properly handled by an expert.

A DUI typically will not ruin your life. In most cases, DUIs are misdemeanors that can be negotiated so that the punishment is very minimal (or nothing at all), and a DUI record can be expunged fairly quickly. A felony DUI carries much more risk for one’s future as job prospects, applying for housing, credit, etc, can be impacted if someone is declared a felon.

Yes. A DUI typically carries two points with the DMV which can raise the cost of insurance or lead to additional suspension time. A DUI with an accident carries three points instead of two.

No. Some DUIs can be dismissed and never appear on the record. DUIs that lead to criminal convictions can be erased or expunged through the expungement process, typically after 3 years of law-abiding conduct.

DUIs carry a wide range of penalties which depend greatly on how the court negotiation process goes. The most severe penalties include jail time or prison time. Most DUIs don’t require jail but do require DUI classes, fines, community service, labor, probation, AA meetings, MADD meetings, working at the hospital and morgue, license suspension, the requirement of a breathalyzer in your vehicle (Ignition interlock device), etc.

The cost of a DUI can vary widely. Costs can range from a couple thousand to tens of thousands depending on the severity of the case. Most cases are not particularly complex so the costs are lower. We offer flexible payment plans to accommodate people in all different financial situations.

Getting charged with a DUI means that the state is accusing you of driving under the influence, which can either be a misdemeanor or felony on your record. Having a misdemeanor or felony on your record is technically considered to be a crime on your record. Most DUI are misdemeanors, which carry the possibility of jail time. Felony DUI is much more serious and carries the possibility of state prison time.

There are two types of under-21 DUIs. The first is when the BAC level is under .05. In that case the prosecutor will usually not file a misdemeanor, but will file the case as an infraction. The consequences of an under-21 DUI in these types of cases are severe since the DMV will automatically suspend your license for one full year, without the ability to drive to work or school.

And then when the court case settles, it will restart the one-year suspension. The other type of under-21 DUI is when the driver is .08 BAC or above, in which case it is treated as a misdemeanor with significant punishment and a one-year driver’s license suspension. Learn more about underage DUIs.