DUI penalties can be more serious than a felony offense. The legislation surrounding DUI, DUI marijuana, and DUI drugs can be extremely complicated. It is paramount that you hire a DUI Defense lawyer that has experience handling both criminal offenses and DMV license suspensions. Please contact the Law Offices of Taylor & Taylor. We are here to protect you.
Once you’ve been pulled over by an officer for reckless driving or after you’ve been stopped at a DUI checkpoint, the officer might start asking questions through their interrogation process. The officer can initiate this process without even providing the Miranda warning or advising you of your right to an attorney. Any remarks, known as “incriminating statements,” can be used against you afterwards. The officer could also request you submit to a breath test, in addition to many different field sobriety tests not required by law.
If you are taken to the police station, it is likely a chemical test will be administered. If you are not compliant in taking the tests, your license could be automatically suspended or you could face increased jail time. If your results show a BAC over .08%, the officer will revoke your driver’s license and issue you a “Notice of Suspension” form.
It is imperative that you schedule your administrative hearing within ten days from the date of your arrest. If you fail to schedule the hearing within the ten-day period, the right to a hearing is lost, along with any opportunity to have the suspension “set aside.”
If it is your first offense, your license will get suspended for an average of about four months. The suspension takes effect thirty days after your arrest if the hearing has been lost. You will get notification of the suspension by mail. If you refused to submit to a chemical test, the suspension lasts one year.
The charges in California for drunk driving:
1. The first offense is driving under the influence of alcohol and drugs
2. The second offense is driving with a BAC above .08%.
An individual will be charged with both offenses. The penalties are the same; however, an individual can only be punished with one.
For more information, visit DUIblog and DUI Defense Blog.