WHAT YOU NEED TO KNOW WHEN SOMEONE IS ARRESTED FOR A DUI!
When you are pulled over on suspicion of DUI the officer will ask you to take a breath, or blood test to determine your current Blood Alcohol Concentration, or BAC.
In San Diego County, Ca. If you register a BAC read-out of zero point zero eight percent (0.08%) or higher, your license will be taken away and you will be arrested.
The California DMV has an "implied consent" inclusion on the form you signed when you received your California state drivers license.
MUST YOU COMPLY WITH THE OFFICER?
If you do not comply with the officers request to take the blood alcohol test, your driver's license will be immediately suspended and physically taken from you by the arresting officer. "You are not required to take a field sobriety test, or the preliminary alcohol screening device test, , says San Diego DUI defense attorney, Richard Katzman "and you are not required to answer any questions from the officer "
But Katzman also warns; "By refusing to take the test you could face additional jail time, higher fines, extended DUI program requirements, and future ineligibility for a restricted license..." These additional penalties apply if you are later convicted of the DUI.
You may contest the DMV suspension of your driver's license. "You must request a DMV hearing Within 10 days of your arrest", says Katzman.
"The DMV may be able to issue you a temporary driver's license, but if found guilty, your license will be ordered suspended again."
Blood Alcohol Concentration Limits
A urine, breath, or blood test measures your blood alcohol concentration (BAC). Illegal limits are:
0.08% and above for most drivers
0.04% for commercial driver license (CDL) holders
0.01% and above for those younger than 21 and those on probation for a DUI
If the officer suspects you're on drugs or medications, you will have to take a blood or urine test.
Before you get behind the wheel of a motor vehicle, you should know the effects of any prescribed medications you're taking.
You can face DUI charges for prescription and over-the-counter drugs.
The cost of a DUI can be staggering on many personal levels. Richard Katzman will meet with the San Diego County Prosecutor in an attempt to get your case in the best position for a favorable resolution.
Attorney Richard Katzman will make all the court appearances required for the proper presentation of your case.
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Subsequent Convictions
In the case of a a second or third DUI conviction, you will lose your license for one to four years.
When you do finally regain your driving privelages, you may only drive vehicles equiped with an ignition interlock device (IID) which requires that you blow an alcohol-free breath each time you start your car).
You will not be granted a restricted license allowing you to drive to and from the DUI course.
If someone is injured or killed because of your impaired driving, you could be tried under the California Three Strikes law and end up serving 25 years to life in jail or prison. Plus, you may be sued in civil court. You'll also attend an administrative hearing with the California DMV, maybe resulting in higher fines, and lose your license for up to four years.
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Underage Drivers
The legal drinking age in the State of California is 21 years of age.
Penalties for underage DUI are even stiffer including a much lower Blood Alcohol Concetration standard (0.01%) .
Unless at the time of your offense, you are employed by someone who is licensed to sell alcohol, and are carrying a closed and sealed container in the course of your employment, it is illegal for a minor to have any alcohol in their vehicle―even in closed containers―this is exempt if at the time of the inspection you are accompanied by a parent or guardian.
Underage BAC Limits
A BAC reading of 0.01% or higher means you will be arrested and your driver's license confiscated. You'll receive a 30-day temporary license and your regular license will be suspended for one full year. In addition, there will be court penalties imposed if the underage driver receives a DUI conviction.
New laws starting in 2010
The State's Driving Under the Influence (DUI) Pilot Program was effective July 1, 2010 in California.
• A Driving Under the Influence (DUI) pilot program will be implemented that
requires a first time or multiple DUI offender to install an Ignition Interlock
Device (IID) in certain areas.
• Reduces the mandatory suspension period for a repeat DUI offender who
opts for an IID restricted driver license by enrolling in or partially completing
a DUI treatment program and installing an IID (Ignition Interuption Device) on your vehicle.
These individuals must
meet all other reinstatement requirements.
For a free initial consultation regarding a DUI arrest in the State of California, contact DUI Defense Lawyer, Richard Katzman. Call Richard at (619) 692-9107
Penalties for DUIFirst conviction
Stiff penalties exist in California even for the first time offender:
You could be sentenced to up to six months in jail.
Fines start around $390 and up to $1,000.
You may also be required to pay a "penalty assessment" which can be approximately three times the amount of your fine.
You will be required to complete a DUI program. The length of the program may based upon your BAC.
When your license is reissued, you will have to pay a fee of $125.
You must File an SR-22 (proof of financial responsibility) with the DMV.
