DUI - Avoiding a DUI Conviction
DUI – Driving Under the Influence – can cause a lot of trouble in one’s life. Not only are these charged as misdemeanors which can affect your current job or likelihood of acceptance to a University, but these misdemeanor charges can result in the suspension of your driving privileges for up to six months on the first DUI and longer for repeat offenders.
Do I Tell the Officers I have been drinking?
NO! The answer to this is a definite “No.” It is never encouraged for anyone to lie to police as they will usually know you are lying and your credibility will be questioned later in court based on any lies you made to police. However, you are not required to answer any questions of the police aside from informing them of your standard information such as name, birth date, and current address. Do not be rude to the Police Officers, but simply inform them that you are implementing your right against self incrimination.
DUI – To Blow or Not to Blow
Most people want to know whether they should take the PAS or Preliminary Alcohol Screening test, and the answer is different in each situation. While the PAS device can sometimes give a higher reading, at times taking this test will result in a reading of under .08 % BAC (Blood Alcohol Content). First you should know that you are not required to submit to the PAS test, but you are required to eventually submit to some sort of chemical testing. The decision of whether to submit to the PAS should depend on how long ago you stopped drinking, and how much you have had to drink throughout the day. Alcohol does not immediately absorb into your blood, and so, if you had just had your first couple of drinks of the day and gotten pulled over less than an hour after drinking the PAS may help you. By taking a test before the alcohol fully absorbs into your body you may get a reading lower than you would a half hour later and so you want to take a test as soon as possible. On the other hand if you stopped drinking an hour or more prior to driving, you can only gain by refusing the PAS test and waiting the additional time it will take for the required test by breath or blood.
DUI – Blood or Breath
Whether or not you submitted to the PAS test, California law requires you to submit to some sort of testing when you are suspected of a DUI. Your choices are a blood test or a breath test. The devices used to measure Blood Alcohol Contest by breath are more susceptible to mistakes and make for a better defense against the results of a breath test. Blood results are generally more accurate, the scientific method of testing is more controlled and reliable and thus it is more difficult to defend against a blood reading of .08% or greater. This is not to say that blood results have not helped people in the past. If you submitted to a PAS test and it is higher than you believe accurate, and you stopped drinking well before contact with police, you may want to request the blood test not only so that you receive a more accurate read, but also in hopes that the length of time it takes to get a blood test will result in a decrease of your alcohol content. This strategy is most effective in circumstances where the initial PAS result is close to .08%.
I was cited for DUI, Now What?
Who do I talk to?
Do not talk to the District Attorneys Office, any of their Prosecutors in Court, or any Law Enforcement Officers. Nothing good will ever come out of your pleas to these people. Remember “Everything you say can and will be used against you in a court of law.” Before going to your first Court date you should contact a Criminal Defense Attorney with experience in DUI cases. DUI cases are different than many other types of criminal cases and you want to speak with someone that not only knows the law, but that understands the system and the intricacies of a DUI defense.
What Happens at My First Court Date?
Your first DUI court date is called an arraignment. At this DUI hearing you will be advised of your constitutional rights, be informed of the charges against you and asked to enter a plea. DUI’s are charged under Vehicle Code § 23152 which allows two separate charges; (1) driving under the influence, and (2) driving with a .08% or greater. You may plead guilty, not guilty, or no contest to DUI. Do not plead guilty to a DUI or no contest at your arraignment as you may have a defense without even realizing it. Entering a plea of guilt for a DUI without even taking a look at the evidence is never a good idea.
It is also at this first hearing that discovery becomes available to you. Discovery is simply the evidence against you which consists of the Complaint, the Police Reports, and any laboratory test results. You should contact a criminal defense attorney to review your discovery before entering any sort of plea because only an experienced eye can determine if you have a possible defense in the DUI case.
If you have not contacted a DUI lawyer prior to going to your arraignment, simply ask the judge for a continuance so that you can obtain criminal defense counsel. Judges are always willing to give a defendant time to consult with an attorney and you should request a minimum of a two week extension to give yourself time to contact and retain an attorney.
It is also possible that you may be told that there is a “missing complaint” against you. This means that the District Attorney has not had the time to review your case yet or they may be waiting on DUI lab results before determining the charges against you. If this is the case you want to request a date from the Judge that is approximately four weeks out to return to court.
What are my Defenses?
While there are many different defenses to DUI cases, the most common arise out of the initial reason for the contact, and the accuracy of the device used for testing your Blood Alcohol Content (BAC). Often police will make contact with a person without having any real reason for doing so. By law, an Officer has to have an articulable reason for making contact with a citizen. If the Officer had no such reason, then the contact was illegal making anything that the Officer found out as a result of that illegal contact suppressible. So what does all of this mean? It means that your criminal defense lawyer will file what is called a 1538.5 motion or Motion to Suppress the Evidence. This will result in a court hearing in front of a Judge with testimony from witnesses like yourself, your passenger, the arresting officer and anyone else that saw the interaction. If the Judge decides that you were contacted illegally, then the evidence obtained as a result of the stop, including any BAC reading, will be suppressed. In a DUI case, suppression of this evidence will inevitably result in a dismissal of the case.
Another possible defense is the inaccuracy of the device used to test your Blood Alcohol Content. In contesting these results we look at the calibration logs of the specific device, determine if there are any discrepancies, and then forward all of the information to a Forensic Alcohol Expert that specializes in the training and reading of these devices. If it is determined that the device reading could have been inaccurate, then this information is presented at your trial in your defense. Call us now to see if there is a possible defense in your case. Don’t go to court uninformed and alone, we will be there to help you get the best possible result in your case.
Can I Still Drive?
When you are cited for a DUI you are given a pink temporary drivers license. This license is good for 30 days. Once that 30 days is up your license is automatically suspended and you may not drive. You can avoid this automatic suspension by hiring an attorney to conduct a DMV hearing on your behalf. This hearing must be requested within 10 days of your DUI, so don’t wait and ruin your chance of keeping your license. Call us immediately and we will request a hearing for you. Once a DMV hearing is requested your license remains valid until you are notified of the results of that hearing. Thus, even if you are unsuccessful in the DMV hearing, having a hearing will undoubtedly delay your suspension for a significant time period giving you time to make arrangements with work, school and your family. If the DMV Hearing is decided in your favor, the DMV will immediately return your driver’s license to you without further incident.
How Long Will My Suspension Last?
The standard suspension for a first time DUI is either four or six months depending on whether you choose to obtain a restricted license. Every person who receives a DUI suspension will have a complete suspension for 30 days. This suspension starts on the date you receive notice that the DMV did not find in your favor, or the day you plead guilty to DUI in court. After the 30 day suspension you are eligible to go to the DMV and request a restricted license allowing you to go to work and any court ordered programs. In order to get the restricted license you will need to have a SR-22 from your insurance carrier and you will need to have enrolled in the court ordered alcohol school program. If you are granted a restricted license, you will be on that restricted license for five months. If, however, you choose not to get a restricted license your suspension period will only be a total of four months. So, your choices are a complete suspension without any ability to drive for four months, or a complete suspension for 30 days and a five months restriction.
There are so many different options and possibilities with DUI cases that you must contact someone to can help you get the best result possible. At Dunn and Sanderson we have the experience and expertise to win your case. Let us help you before a DUI affects your whole life.
