Protecting Your Rights After A DUI Arrest In The Bay Area

You can lose your right to drive and face big fines and possibly jail time if you are arrested for driving under the influence (DUI) of alcohol. Attorney Philip A. Schnayerson has defended DUI clients for more than 30 years. He can protect your right to drive and help you limit or avoid other negative consequences.

Refusing Tests At A DUI Stop: Smart Idea Or Not?

Field sobriety tests, during which you perform tasks to test your alertness and ability to operate your car, are completely voluntary. You DO NOT have to participate in them at a stop on suspicion of drunk driving.

If you have not been arrested and you are asked to take a chemical (breath or blood) test, you may refuse. Once you are arrested, you should not refuse testing. If you refuse to take the test after your arrest, you could face a one-year driver’s license suspension and a large fine.

California’s DUI Penalties

Your first three DUI convictions within a 10-year period are misdemeanors. DUIs after this point are felonies. Penalties can include:

• A first-time DUI conviction can result in a $1,000 fine plus numerous “penalty enhancement” fees, up to six months in jail, probation and a driver’s license suspension of up to six months.
• A second-time DUI conviction can result in similar fines and fees as the first-time DUI, a year in jail or under house arrest and a two-year license suspension.
• A third-time DUI conviction can result in fines and penalty enhancement fees, a year of jail time, a three-year license suspension, mandatory probation and attendance at a DUI school.

If someone is injured or killed in your drunk driving accident, you could be charged with felonies like vehicular manslaughter or second-degree murder.

Drivers can also be arrested for driving under the influence of drugs. This charge can apply to the legal use of marijuana or prescription drugs as well as illegal drugs like cocaine or meth.

Having Your Driver’s License Reinstated

Once your driver’s license has been suspended for the set amount of time or you have completed your jail time or probation, it is possible to have your driver’s license reinstated. You must pay all applicable fines, including a reinstatement fee. You must also go to your local Department of Motor Vehicles (DMV) with proof of insurance and all of the documentation that pertains to the completion of your DUI sentence. Upon completion of all of these tasks, your driver’s license will be reinstated.

Frequently Asked Questions About California DUI Charges

Below are answers to common questions our clients ask about DUI cases in California.

What are the legal limits for blood alcohol concentration (BAC) in California?

California enforces different BAC limits depending on the driver category. For most drivers 21 and older, the legal limit is .08%. Commercial drivers face a stricter limit of .04%. For drivers under 21, California has a zero-tolerance policy with a limit of .01%. Additionally, drivers with a BAC of .15% or higher face enhanced penalties due to this being considered an aggravating factor.

What are the steps involved in challenging a DUI charge in court?

Challenging a DUI charge in California typically involves several strategic steps. First, we review police reports and evidence for procedural errors, such as improper traffic stops without reasonable suspicion or Miranda rights violations. Next, we scrutinize the administration of field sobriety tests, which are often conducted incorrectly or misinterpreted by officers.

Chemical test results can be challenged based on equipment calibration issues, improper test administration or chain of custody problems. Blood tests may be subject to contamination or improper storage concerns. We also investigate medical conditions that might have affected test results, such as GERD, diabetes or certain diets that can produce false positives.

Additionally, we may challenge the officer’s observations of impairment, particularly when dashboard or body camera footage contradicts written reports. In some cases, we can negotiate for reduced charges like “wet reckless” when evidence is questionable.

For immigrants in California facing a DUI charge, which factors should they take into consideration?

Non-citizens facing DUI charges must understand that even a first-time DUI can have serious immigration consequences. While a simple DUI is typically not grounds for deportation, multiple DUIs or DUIs with aggravating factors can trigger removal proceedings. A DUI conviction can also affect applications for citizenship, green cards or visa renewals by raising “moral character” concerns. For those seeking asylum or protected status, a DUI can be particularly problematic. Additionally, crossing the border with a DUI on record may result in being denied entry.

Protect Your Future – Contact Us Today

Philip A. Schnayerson, Criminal Defense Attorney, serves clients in Alameda and San Mateo counties and all across the Bay Area from our office in Hayward. Call our skilled criminal defense lawyer at 510-887-7445 for a free consultation, or contact us through our online form.