answers to frequently asked dui questions

When I was arrested for DUI, the San Diego police confiscated my drivers license.
How do I get it back?

In many cases, a qualified DUI lawyer can assist you in proving to DMV Officials there was no basis for your license suspension or revocation, and it may be reissued to you. If you do not request an "admin per se" hearing with the DMV within ten days of your drunk driving arrest, the DMV will return your driver license at the end of the suspension term ( 4 months for a first offense), provided you pay a $125 reissue fee and provide proof of insurance. The reissue fee is $100 if you were under age 21 at the time of your DUI arrest under San Diego's Zero Tolerance Law.

How is the DMV drivers license suspension or revocation for my DUI arrest different from the drivers license suspension or revocation imposed by the judge in my criminal court hearing?

The DMV drivers license suspension or revocation resulting from a DUI arrest is an administrative, or civil matter. The suspension or revocation following a conviction in court is criminal punishment.

What are my options if I have been arrested and charged with DUI in California?

A DUI arrest in California carries serious implications, and depending on the circumstances, may be charged as a felony crime. Your defense options are to hire a private DUI lawyer, depend on a San Diego Public Defender, or defend yourself. Your number one priority should be obtain skilled and competent legal representation. A DUI conviction will stay on your record forever.

If I am pulled over on suspicion of DUI, should I submit to roadside Field Sobriety Tests?

No. You should politely refuse. These tests are completely voluntary in California. Research has shown that most police officers, when surveyed in controlled study groups, mistakenly assessed that over 50% of sober individuals were actually impaired. These tests will not help you avoid arrest if you have already aroused the officer's suspicion that you are intoxicated.

Is a Drunk Driving or DUI conviction considered a felony offense in California?

In California, a first-time DUI / DWI / Drunk Driving violation is typically charged as a misdemeanor, rather than a felony crime. Felony DUI and Drunk Driving charges typically include DUI with Bodily Injury to Another, Vehicular Manslaughter, or Multiple DUI offenses.

What are police officers looking for after they have pulled me over and asked me to step out of my vehicle?

They are looking for the smell of alcohol on your breath, slurred speech, unsteadiness, watery, glassy, or bloodshot eyes, flushed cheeks and face, dishevelment, disorientation, confusion, fumbling, and an admission to drinking.

What questions should I ask before hiring an attorney to defend my DUI case?

You should ask any prospective DUI attorney whether he or she focusses exclusively on defending DUI and drunk driving related crimes. Ask if he or she will be the one to manage your case and represent you in court. Ask the lawyer if he knows the prosecutors and judges at the court your where hearing will be held. Ask whether the attorney has ever been disciplined by the State Bar of California. Ask if about their familiarity with breath testing equipment and chemical test procedures. Inquire about administration and cross examination of Standardized Field Sobriety Tests. Ask the lawyer what strategy they will use to fight your case.

Why is the California DMV presuming me to be guility before innocent? Why are they penalizing me before I've even gone to court on my DUI?

The California DMV reserves the right to revoke your driving privilege. The DMV proceedings are sometimes deemed "kangaroo courts". The proceedings are held in an informal venue and administered by appointed, rather than elected, DMV officials vs. an impartial jury.

What are the Penalties in California for a DUI or Drunk Driving Conviction?

California DUI penalties can include monetary punishment such as fines, restitution to victims and property, DMV penalties, court costs, attorney fees, bail costs, loss of wages and higher auto insurance premiums, mandatory alcohol and substance abuse treatment, vehicle impoundment and/or sale as a nuisance, incarceration in a jail or prison, revocation, suspension or restriction of your driving priveleges, installment of a mandatory ignition interlock device in your automobile, probation, attendance at a victim impact panel, community service, and more.

This is my second arrest on DUI charges, but my first drunk driving arrest was 12 years ago. Will my first DUI conviction count as a prior offense?

No. If your prior DUI conviction was more than ten years ago, counted from the date of your first arrest to the date of your second arrest, it will not count as a prior offense. Any drunk driving or wet reckless conviction, that is followed by another DUI or wet reckless conviction within ten years is considered "priorable" and will be treated as a second offense. The "washout period" in California, also known as a"look-back" period, is ten years, at which time the prior conviction "drops off" and becomes "stale" and can no longer be considered a prior offense or increase punishment.

Is there anything that I can do to keep future employers from finding out about about my DUI conviction? Can I have my drunk driving offense expunged from my record?

In most cases, a misdemeanor California DUI conviction can be expunged from your criminal record, and a felony DUI offense can be reduced to a misdemeanor offense after you have met all the terms of your punishment and successfully completed probation.

How Can I Win my DUI Case?

First start with a proven and knowledgeable DUI attorney. A skilled and experienced drunk driving lawyer can often win a case based on police mistakes, breath test defenses, blood test defenses, prosecution mistakes, and more. Read more about How to Win a DUI Case