What You Need To Know About Dui In California

Everyone is aware by now that getting behind the wheel of a car when intoxicated

, or driving under the influence (DUI), is a serious case of bad judgment. It puts both the driver and others who are unfortunate enough to get in the way in grave danger and is considered a criminal offense by law. The penalties of a DUI charge in California can be severe: jail time, costly fines, loss of drivers license, enormous insurance increases, a lifetime criminal record in California, and potentially more.

Should you be stopped for a traffic offense and you've been drinking, there are steps you should take to protect yourself and your rights.

*Stay calm and remain inside the vehicle. The police officer will be wary of any activity inside the vehicle for his or her own protection. Don't start grabbing for gum or breath mints or reach under the car seat to try to hide anything from view, since this can result in getting you hurt. Simply roll down the windows to help clear the interior air, place your hands in view on the steering wheel, and say inside the car.

*Don't answer questions or admit to anything. You are protected from incriminating yourself by the constitutional Fifth Amendment, so politely refusing to answer any questions is within your rights and cannot be used against you.

*Do not agree to a field sobriety test which in California is voluntary and optional. There is no consequence for politely refusing this police request. You could forfeit your drivers license for a year for refusing a breath or blood test at the station should you be arrested for DUI, however. It is recommended to refuse the field sobriety test and request instead a breath or blood test at the station. The delay will allow more time to burn off alcohol.

*As soon as possible, hire an experienced DUI attorney. There are numerous defenses to fight a DUI case that can result in a dismissal, or reduced charge or sentence. Due to the severity of consequences, it is always worth the fight. Your attorney will review the case to look for any improper procedures that can allow evidence to be suppressed, present blood or breath testing defenses, contest license suspension, and secure expert witnesses for trial.

There are never any guarantees that even the best DUI attorney will be able to get you out of a DUI, though it increases your odds greatly for at least reduced charges or sentence. It is a pretty sure bet that without this expert representation, however, you will lose and it will cost you a lifetime of regret.

by: Art Gib

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