Frequently Asked Questions (FAQs)
1) Is a D.U.I. really a crime?
Yes. Even a first-time D.U.I. offense (California Vehicle Code §23152) is a misdemeanor. A misdemeanor is defined as a crime that is punishable by up to one year in county jail.
2) If I've been charged with a D.U.I. and my blood alcohol level was 0.08% or more, is there really anything I can do to avoid being convicted?
Yes. Even when a person's blood alcohol exceeds the legal limit of 0.08%, there are many defenses that a knowledgeable D.U.I. attorney can use to avoid conviction.
For instance, it may not have been legal for the police officer to stop your vehicle. If the stop of your vehicle was illegal, the entire case can be dismissed.
The chemical test used to determine your blood alcohol level may not have been accurate. The machine used to obtain a breath sample may not have been calibrated properly, or the sample of your blood may have been contaminated with excessive preservative agents or other contaminants.
In cases where the person being charged with D.U.I. was not actually observed driving by the arresting officer, it may not be possible for the prosecution to prove that the person's blood alcohol was above the legal limit at the time of driving.
Every case is different, and for every case there are different defenses which may apply. Contacting a knowledgeable D.U.I. defense attorney is the best way to determine what defenses are available to you.
3) Will my license be suspended?
It depends. If you do not take any action, your driver's license will be suspended thirty days from the date of your D.U.I. arrest.
If you request an administrative hearing from the DMV within ten days from the date of your arrest, the suspension of your driving privilege will be "stayed" until the outcome of the administrative hearing. That means you can contest the suspension at the hearing, and continue to drive in the meantime.
If you prevail at the DMV hearing, your license will not be suspended as a result of the arrest. There many defenses available to the driver at a DMV hearing, and you should contact a D.U.I. attorney who can guide you through the process and represent you at the hearing.
4) What are the penalties for a D.U.I. conviction?
For a first offense D.U.I., the law requires a minimum jail sentence of 48 hours, a fine of $390.00 (which, with penalty assessments and fees is actually closer to $2,000.00), attendance at a 3-month first offender program, and three years of probation.
A second offense within 10 years results in a minimum of ten days in jail, a minimum fine of $390.00 (greatly increased by assessments and fees), attendance at an 18-month multiple offender program, and three years probation.
A third offense within 10 years results in a minimum of four months in jail, a minimum fine of $390.00 (greatly increased by assessments and fees), attendance at an 18-month multiple offender program, and three years probation.
A fourth or subsequent offense within 10 years can be punished as a felony and carries a state prison sentence.
5) Will I have to go to court?
If you hire a lawyer, no. In most D.U.I. cases, your attorney can appear in court for you and you do not need to be present.
If you do not have a lawyer, you will be responsible for attending all scheduled court appearances.
How long does a D.U.I. stay on my record?
A D.U.I. conviction can be charged as a prior, meaning it can be used to enhance the penalties for a new D.U.I. conviction, for up to ten years.
However, after your probation has ended (typically three years), you may request a record clearance from the court. Contact an attorney for assistance with the record clearance procedure.
6) How much will it cost to hire a lawyer?
Nicholas Emanuel is committed to providing quality legal representation at a cost that is within reason for most people in the community.
With affordable fees, flexible payment plans, and all major credit cards accepted, legal representation is within your reach. Do not be discouraged by the high fees quoted by many attorneys - - contact Nicholas Emanuel to discuss payment options that fit your financial needs.
For further information, please contact Nick directly at (408) 288-8100, or by e-mail at nick@ngelawyer.com
*** Please be advised that the information provided by this website is provided for general informational purposes only, and it is not legal advice. You must contact an attorney in order to obtain legal advice.***
