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Drunk Driving
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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.

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 sentence. Upon completion of all of these tasks, your driver’s license will be reinstated.

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.