DUI and Your Citizenship
For obvious reasons, driving under the influence of alcohol (DUI) is a serious charge anywhere in the world. In the state of California, it is no different. For individuals who are not yet U.S. citizens, a DUI charge could prevent you from becoming a citizen or lead to deportation, especially if you don’t have an experienced Orange County DUI attorney to fight for you. Continue reading
What are the steps I should take immediately after being arrested for DUI?
Being arrested and charged with driving under the influence (DUI) leads to a complicated and intimidating process that can be too much for some to handle. We’ve compiled some tips to make sure this doesn’t happen to you.
Can a police officer arrest you for DUI as a passenger?
In California, there are specific sets of laws that make it illegal to operate a vehicle while under the influence of alcohol, controlled substances, or any chemicals/inhalants.
In many states you can even be arrested for DUI if you are behind the wheel of a vehicle with the keys in the ignition, even if not not driving, if your BAC (blood alcohol concentration) is above the legal limit. In California, driving with an open container of alcohol can also get you into serious trouble even if your BAC is below the legal limit of .08%.
What if you are arrested for DUI with minors in the vehicle?
A DUI is a serious offense in the state of California, where driving laws are very prescriptive and strongly enforced. These laws outline a number of additional factors that can compound a DUI offense in the event that your DUI might impose an increased risk to others. One of the factors that can increase the severity of a DUI sentence is having a child under the age of 14 in the vehicle while the defendant is driving under the influence.
Pleading ‘No Contest’ to your DUI charge?
California is one of the few states that allows those accused of DUI to plead Nolo Contendere, or “no contest” in addition to guilty and not guilty. Because the plea is not heard often, most people are unsure about what it means.
What is the Difference Between Refusing the PAS test (Breathalyzer Before Being Arrested) Versus Refusing a Chemical Test (Breath or Blood Sample After Being Arrested)?
If you ever find yourself pulled over on suspicion of drinking and driving, you will need to be your own advocate until you have the opportunity to get an Orange County DUI attorney involved. Below, we include some necessary information on the difference between the PAS test—the Breathalyzer test applied before an arrest—, and a chemical test—the breath or blood test applied after an arrest. Ingrain this information in your long-term memory, as it can make a huge difference in terms of potential penalties for a DUI-related accusation.
Being arrested on a DUI charge is a confusing, complicated, stressful, and expensive experience. You may think that defending yourself in court is a good option to help you save money, but the critical thing to ask yourself is whether or not you can attain the necessary legal sophistication in the few weeks or months you have to prepare for trial. Will it be enough to prevail over a prosecutor who has years, if not decades, of experience?
It’s highly unlikely.
There are many misconceptions regarding defending oneself in a DUI case. Below, we address some of these misconceptions, explain why it isn’t a good idea to defend yourself in a DUI case, and explain why you should always seek representation from an Orange County DUI lawyer.
Yes, you can generally can get your DUI expunged and no, it will not be on your record forever.
It is usually possible to get your DUI records expunged in the state of California. Expungement means that your criminal record for that specific conviction will be sealed. A DUI conviction results in both a criminal and a DMV record; while the conviction is erased from your driving record after ten years, the criminal conviction remains on your criminal record unless it is expunged. Working with an Orange County DUI attorney who specializes in DUI and DUI-related convictions will help simplify this process.
Under Section 23152(b) of the California Vehicle Code (CVC), a regular DUI arrest occurs when a driver has a Blood Alcohol Level (BAC) of over 0.08%. However, drivers can still get arrested for a DUI if their BAC is lower than 0.08% or if they refuse to take a sobriety test.
Unlawful police stops occur when an officer pulls a driver over without any probable cause. In some cases, the driver can be arrested and charged with a DUI if the officer smells alcohol on their breath.
Unlawful police stops are not only illegal, they also violate the driver’s rights, which is why any driver who is charged with a DUI after being pulled over illegally should hire a DUI attorney to help them fight the charge.