The Law Offices of Lawrence Taylor, Inc.

Law Offices of Lawrence Taylor

DUI and DWI Laws in the State of California

415-496-2034

New state laws and Supreme Court decisions have increased the punishment for drunk driving. An individual driving under the influence of drugs or alcohol can be charged with a DUI or driving while intoxicated (DWI). For many individuals the penalties for drunk driving can be more severe than penalties from other felony charges.

The process of receiving a DUI typically starts with the check of an individual at a sobriety checkpoint or the individual being stopped by a police officer for a traffic infraction (for example, driving erratically or failing to yield the right of way). At that point interrogation is done by the officer. This interrogation puts the individual in a position where incriminating statements can be made without being given the right to an attorney or their Miranda rights. The officer will follow the interrogation with a request for a breath test that would be taken with a hand-held PAS (preliminary alcohol screening). After the preliminary breath test is taken, the suspect will be subject to 3-5 field sobriety tests. Some of these tests are considered to be difficult to pass by many members of the general public. In many instances the officer will also fail to inform the suspect, if the suspect is over 21, that these tests are not required by legislation.

Once an arrest is made at the police station a chemical test is mandatory. The individual will have the option of either a breath or blood test. The suspect does have the right to refuse to take a chemical test. That option, however, comes with an automatic license suspension and a possible jail sentence. The breath test is taken with a breathalyzer which is not always reliable. If the breath test results in over .08%, a blood sample is taken. If the suspect refuses to take a chemical test their license will be suspended. In either scenario the arresting officer will issue a Notice of Suspension. If the individual was a first time offender, their license will be suspended for four-months. A second time offender (within the previous 10 years), or if the individual refuses the chemical test, will result in a license suspension of one year.

There are two proceedings the individual will have after the DUI charge has been made. The first is an administrative license suspension to be done with the DMV. The individual, or better yet their attorney, must contact the DMV within 10 calendar days from the time of the arrest to schedule a hearing. Should either fail to contact the DMV the individual will forfeit their right to a hearing and any chance of lesser DMV penalties.

The second proceeding is the criminal prosecution. The individual is typically charged with two offenses and can be convicted on both. The penalties for both charges are identical and will result, if there is a conviction, in the individual serving penalties simultaneously. The first charge is driving under the influence (of either alcohol or drugs). The second charge is for the chemical test result proving the individual was driving with a blood-alcohol level above .08%, (per se offense). If the individual refused to take a chemical test, the prosecution will not have sufficient evidence to charge the subject with the second offense. However, because of the refusal to take a chemical test, heightened charges will ensue. A qualified attorney is highly recommended. The court will hold multiple proceedings and the suspect is not required to attend all of them as long as they are properly represented.

Many individuals will hire unqualified criminal attorneys or general practitioners. Many of them have limited training in the area of DUI defense. Representation by a qualified attorney, one who has a strong background in DUIs, is essential. With the proper representation the individual will feel comfortable during the overwhelming administrative proceedings.

There are laws in place for conduct while intoxicated that are similar to DUI charges, such as boating under the influence. For further information please refer to California DUI Boating: Boating Under the Influence of Alcohol within this site.