DUI Defense Tips
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DUI FAQs
DUI FAQs
Frequently Asked Questions: California DUI Arrest
1. I was just arrested. Will I go to jail?
For a first-time misdemeanor DUI without injuries, most people are released within a few hours or a day after being "booked." While the law allows for a jail sentence of up to six months for a first offense, an experienced attorney can often negotiate alternatives like community service, house arrest, or probation to avoid additional time behind bars.
2. Why did the police take my driver’s license?
Under California’s Administrative Per Se (APS) law, an officer is required to confiscate your plastic license if you fail or refuse a breath or blood test. The "pink paper" you received is your 30-day temporary license.
3. Can I keep driving after the 30-day temporary license expires?
Only if you act quickly. You have 10 calendar days from the date of your arrest to request a DMV hearing. If you (or your attorney) request this hearing, we can also request a "stay" on your suspension, which allows you to continue driving with full privileges until the DMV makes a final decision on your case.
4. What is the difference between my DMV hearing and my Court date?
They are two entirely separate legal battles:
- The DMV Hearing: Deals only with your driving privileges. It is an administrative process handled by a DMV hearing officer.
- The Criminal Court: Deals with criminal punishment (fines, jail, probation). It is handled by a Judge and a Prosecutor.
- Note: Even if you win your court case, the DMV can still suspend your license, and vice-versa. You must defend both.
5. Why was I charged with two different crimes (VC 23152(a) and (b))?
The prosecution typically files two charges for a single incident:
- 23152(a): Driving while "under the influence" (meaning your ability to drive was impaired, regardless of your BAC).
- 23152(b): Driving with a BAC of 0.08% or higher.
This gives the state two ways to convict you, though you can only be punished for one.
6. What is the total cost of a DUI in California?
Each case is unique, but a first-time DUI conviction can carry a total financial impact of $15,000 to $20,000 over several years. This includes:
- Legal Fees: $2,500 – $10,000+ (depending on complexity and trial).
- Court Fines & Assessments: $1,800 – $3,500.
- DUI School: $600 – $1,800.
- Towing & Impound: $500 – $1,200.
- Insurance Increases: $3,000 – $6,000+ (spread over several years).
7. What about "hidden" costs like ankle monitors?
In some cases (especially repeat offenses or high BAC levels), the court may order a SCRAM ankle monitor to ensure sobriety. You are typically responsible for these costs:
- Installation: $50 – $100.
- Daily Monitoring: $10 – $15 per day (approx. $300 – $450 per month).
8. Do I have to tell my employer about the arrest?
Generally, there is no legal requirement to report a misdemeanor arrest unless you have a specific employment contract or a professional license (like a nurse, pilot, or commercial driver) that requires it. Consult with your attorney before disclosing anything to your employer.
9. Can a DUI be "dropped" or reduced?
Yes. Depending on the evidence, we may be able to negotiate a "Wet Reckless" (a lesser charge) or even a full dismissal if the police violated your rights or if the chemical testing equipment was found to be faulty.
Drug Arrest
Drug Arrest?
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Drug Arrest FAQs
Frequently Asked Questions: California Drug Arrest
1. I’ve just been booked. When do I get to see a judge?
Under California Penal Code § 825, you must be brought before a judge for an arraignment within 48 hours of your arrest, excluding weekends and holidays. If you were arrested on a Friday night, you might not see a judge until Tuesday.
- The Attorney Perspective: This "48-hour rule" is a limit, not a suggestion. If the police hold you longer without filing a complaint, I can often petition for your immediate release.
2. Should I talk to the "nice" officer who says they want to help me?
No. In California, police use "rapport-building" tactics to get you to admit to "possession for sales" ($HS\ 11351$) instead of "simple possession" ($HS\ 11350$).
- The Attorney Perspective: There is no such thing as "off the record." Even if they don't read you your Miranda rights immediately, any voluntary statement you make can be used to build a case against you. Your only words should be: "I want to speak to my lawyer."
3. Will I have to pay bail to get out?
Not necessarily. California law (specifically the Humphrey decision) mandates that judges consider your ability to pay.
- Own Recognizance (OR): For many non-violent drug possession charges (misdemeanors under Prop 47), you may be released on a promise to appear without paying a dime.
- The Attorney Perspective: If the prosecutor asks for high bail, I will request a Humphrey Hearing. I will argue that you are not a flight risk or a danger to the community, potentially saving you thousands in non-refundable bail bond fees.
4. The police searched my car/home without a warrant. Is the case over?
Not automatically, but it gives us a massive advantage. California follows the Exclusionary Rule.
- The Strategy: If I can prove the police lacked "Probable Cause" or that their search exceeded the scope of your consent, I will file a Motion to Suppress Evidence ($PC\ 1538.5$). If the judge grants this motion, the drugs are "thrown out," and the DA usually has to dismiss the case.
5. What is "Diversion" and can I get it?
California offers several "Pretrial Diversion" programs (like $PC\ 1000$ or $PC\ 1001.36$).
- The Goal: If you complete a treatment program, the court dismisses your charges and your arrest record is sealed for most purposes.
- The Attorney Perspective: I look for diversion eligibility in the first 24 hours. If you are eligible, we can often bypass the traditional "guilty/not guilty" trial track entirely.
6. I’m worried about my job/license. Will they find out?
In California, a drug arrest can trigger professional licensing issues (nursing, teaching, etc.).
- The Attorney Perspective: My priority in the first 24 hours is "Damage Control." By contacting the DA's intake office immediately, I may be able to convince them to "reject" the filing, meaning no formal charges are ever brought. An arrest with "No Charges Filed" is much easier to manage than a criminal conviction.