The skilled Southern Californi drunk driving defense lawyers at
Shouse Law Group have years of experience defending
the legal rights of clients who have been arrested for driving
under the influence of alcohol. If you have been arrested for
a DUI in Southern California, it is important to hire aggressive
legal representation right away, because you have a lot at stake.
Our DUI defense attorneys have a thorough understanding of all
relevant California DUI laws, as well as a variety of drunk
driving defenses. Contact a Los Angeles drunk driving defense
attorney at Shouse Law Group to discuss your case today.
What are some signs that law enforcement officers look for
when suspecting that a driver is under the influence of alcohol?
Some signs that an officer looks for when they think that
the driver may be drunk include: making wide turns, not staying
in one lane, swerving, weaving, driving the wrong way down
a one way street, driving with headlights off at night, following
other vehicles too closely, stopping for no reason, making
illegal turns, signaling one direction and turning the other,
driving more than 10mph below the speed limit, quick acceleration,
quick deceleration, and drifting.
What are some signs that may lead an officer to think that
a driver is under the influence of alcohol?
There are a variety of symptoms of intoxication, which may
include: smell of alcohol on breath, slurred speech, red or
bloodshot eyes, swaying or unsteadiness, poor fine motor skills,
incapable of following directions, displaying an inappropriate
attitude, appearing disorderly, poor comprehension of what
the officer is saying, and stumbling or difficulty walking.
Although these may be signs of intoxication that is not the
only reason that a person may exhibit these symptoms.
If I am pulled over by an officer and asked if I have been
drinking alcohol, what should I do?
By law, you do not have to inform a law enforcement officer
as to whether or not you have been drinking alcohol. If you
do answer, there is a chance that you may incriminate yourself.
You should tell the officer that you would like to speak to
your lawyer, and then answer no other questions.
Can I speak to an attorney prior to submitting to a field
sobriety test?
Unfortunately, no. In California, you may not contact a lawyer
before taking a urine, blood, or alcohol test.
If I choose not to submit to a chemical test what are the
consequences?
If you refuse to take a chemical test (blood, urine, or breath)
for a suspected DUI in California there are severe consequences,
including the suspension of your driver's license for one
year and additional jail time.
What is a field sobriety test?
A field sobriety test is a test used to assist an officer
in determining if a person is intoxicated. The officer will
typically ask the suspected drunk driver to perform between
three to five tests, which involve the suspect's coordination,
alertness, balance, and ability to follow directions. Some
common field sobriety tests include the horizontal gaze nystagmus,
recitation of the alphabet, the Rhomberg test, the divided
attention test, and the stationary balance test.
If an officer pulls me over and asks me to take a field sobriety
test, what should I do?
If you are pulled over for a suspected DUI, you are not legally
required to take a field sobriety test. You have the choice
of submitting to the test, which in some cases the results
may be used against you, or you may politely refuse to take
the test.
What happens if the police officer did not give me a Miranda
warning?
If the police officer did not give you a Miranda warning
the prosecution will most likely not be able to use any of
your answers to the officer's questions against you.
Am I allowed to choose which chemical test I submit to? If
so, which is the best choice?
In the State of California you may choose between a blood
test, breathalyzer test, and a urine test. In most cases a
blood test is the most accurate at determining your BAC, or
blood alcohol content. Therefore if you are certain that you
are sober it would be a wise decision to choose to submit
to a blood test. Breathalyzer tests are not 100% accurate
and the results of these tests may not be saved. Therefore
many results of breathalyzer tests are disputed at a later
date. In California a urine test is a last resort, and only
used when blood or breath test are unavailable or unable to
be used by the suspect.
After I was pulled over and submitted to a breathalyzer test
the officer took my license and gave me a notice of suspension?
Is that legal?
Yes. In the State of California if you are caught driving
with a BAC of 0.08% your driver's license can and will be
suspended immediately and taken away. If your license is suspended,
you have only ten days to request a DMV hearing regarding
the suspension and other important driving matters.
I was arrested for driving under the influence, so why am
I being charged with committing two crimes?
In California, along with being charged with a DUI, you may
also be charged with a per se offense for driving with a BAC
over the legal limit. Each of these acts is a violation of
the law and each is a crime for which an individual can be
convicted.
What is a sentence enhancement in a drunk driving case?
A sentence enhancement is a factor that may result in increased
penalties and punishments. Some factors that may lead to a
sentence enhancement include previous DUI convictions; if
there was a child in the vehicle at the time of the arrest;
if your BAC was over 0.20%; if you refused to submit to a
chemical test; if you were under the legal drinking age of
21 at the time of the arrest; and if you were speeding more
than 20mph above the speed limit.
What types of defenses are available in DUI cases?
There are a variety of defenses that a qualified and experienced
DUI defense attorney may choose from when representing a client
who has been accused for driving under the influence.
If I have been arrested for a DUI, am I allowed to represent
myself?
Yes, you are allowed to represent yourself if you have been
arrested for a DUI, but it is not recommended. This area of
the law is very complicated and you are facing serious repercussions,
which is why it is a good idea to hire an experienced and
aggressive drunk driving defense attorney to represent you.
With the representation of a DUI attorney at Shouse Law Group you can be assured that you are receiving accurate
legal advice from an experienced professional.
If I am convicted of a DUI in California, what will my punishment
be?
If you are convicted of a DUI in California, your license
will likely be restricted or suspended, you will most likely
have to pay a monetary fine, you may have to attend mandatory
DUI classes, and you will be put on probation. There is a
chance that you will have to spend time in jail, perform community
service, and attend alcohol abuse classes as well.
|
