Recently, we have seen a spike in the passage of new DUI legislation. These new laws instate harsher penalties. In some instances, a DUI is now regarded as more serious than a felony offense. In the past, the charge consisted of a warning and a lift home; now, however, a DUI is considered an extreme offense. DUI legislation, related procedures, and evidence have become increasingly complex and labyrinthian in nature.
DUI in California
Questioning by an Officer
If you have been pulled over for reckless driving or are stopped at a DUI checkpoint, an officer might question you through an interrogation process. When conducting this process, an officer may not notify you with a Miranda warning or the right to an attorney. Your statements, known as “incriminating statements,” can later be used against you.
Tests to Detect Intoxication
Although the law does not require these tests, the officer could request you take a breath test in addition to several kinds of field sobriety tests.
If an officer escorts you to the police station, it is probable you will be asked to take a breath or blood test. If you refuse, your license could be automatically suspended or you could face longer jail time. If your blood-alcohol content (BAC) from a test is over 0.08%, the officer will confiscate your driver’s license and serve a “Notice of Suspension” form.
Driver’s License Suspensions and Hearings
It is essential that you schedule your administrative hearing within ten days from your arrest date. If you do not schedule your hearing in this period of time, you lose the right to a hearing and potentially lose any opportunity to have the suspension “set aside.”
The average license suspension for a first offense is approximately four months. If the hearing is lost, suspension starts thirty days after the arrest, when notified by mail. If you refuse a chemical test, the suspension will be one year.
Criminal Charges and Consequences
The criminal charges for a driver are either driving under the influence of alcohol and/or drugs, or driving with a blood alcohol content of 0.08% or higher. Unless you refuse to submit to breath or blood testing, you can be charged with both. While you can be convicted of both charges, you can only be punished for one.
DUI penalties can be even harsher than a felony offense. DUI legislation can be very complicated, so make sure to hire a DUI defense attorney that has experience handling criminal offenses as well as DMV license suspensions and hearings. Please reach out to the Law Offices of Taylor & Taylor. We are here for you.
Hiring an Expert DUI Lawyer
It is strongly recommended you choose an experienced and qualified DUI Defense lawyer to get the best possible outcome for your case. The Law Offices of Taylor & Taylor handles DUI defense cases exclusively in this complicated field.
We have your best interests at heart…