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California Criminal Defense

Handling Cases In Ventura County, And Portions Of Santa Barbara And Los Angeles Counties

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FAQs About DUI Arrests and Charges in California

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If you’ve been arrested for driving under the influence (DUI) in California, you likely have questions about the process, your rights, and what to expect. Below, we answer some of the most frequently asked questions about DUI arrests and charges in California. For answers to your specific questions and personalized legal advice tailored to your unique situation, contact the Law Office of Paul Tyler in Oxnard to speak with a skilled and experienced Ventura County DUI defense lawyer.

1. What Constitutes a DUI in California?

In California, a driver can be charged with DUI if their blood alcohol concentration (BAC) is:

  • 0.08% or higher for drivers aged 21 and over.
  • 0.04% or higher for commercial drivers.
  • 0.01% or higher for drivers under 21 or those on probation for a prior DUI.

Even if your BAC is below these limits, you can still face charges if law enforcement believes you were impaired by alcohol or drugs while driving.

2. What Should I Do if I’m Pulled Over for Suspected DUI?

If you’re stopped for a suspected DUI:

  • Remain calm and polite: Provide your license, registration, and proof of insurance when requested.
  • Be cautious about field sobriety tests: These tests are voluntary and can be declined. However, refusing them may prompt an officer to proceed with a chemical test.
  • Understand implied consent laws: By driving in California, you consent to a chemical test (breath or blood) if lawfully arrested for DUI. Refusing this test can lead to license suspension and other negative consequences.

3. What Happens After a DUI Arrest?

After a DUI arrest, you may face:

  • Administrative License Suspension (ALS): The California Department of Motor Vehicles (DMV) may suspend your license. You have 10 days from the date of arrest to request a DMV hearing to contest this suspension.
  • Criminal Charges: DUI cases are prosecuted in criminal court. Penalties for a first-time DUI include fines, probation, mandatory DUI education programs, and potentially jail time.

4. How Does the DMV Hearing Differ from a Court Hearing?

The DMV hearing focuses solely on your driving privileges, not your guilt or innocence in the DUI charge. At this hearing, the DMV will determine if your license should be suspended based on:

  1. Whether the officer had reasonable cause to believe you were driving under the influence.
  2. Whether you were lawfully arrested.
  3. Whether your BAC exceeded the legal limit.

The criminal court hearing, on the other hand, addresses the DUI charge itself and determines potential penalties.

5. Can I Fight a DUI Charge?

Yes, DUI charges can be contested. Common defenses include:

  • Improper traffic stop: If the officer lacked reasonable suspicion to stop your vehicle, the case could be dismissed.
  • Faulty BAC testing equipment: Breathalyzers and other testing devices can malfunction or yield inaccurate results.
  • Medical conditions: Certain medical issues, such as acid reflux, can result in falsely elevated BAC readings.

A skilled DUI defense attorney will evaluate the specifics of your case to determine the best defense strategy.

6. What Are the Penalties for a First-Time DUI in California?

Penalties for a first DUI offense can include:

  • Fines and fees totaling several thousand dollars.
  • Three to five years of probation.
  • Mandatory DUI education programs lasting three to nine months.
  • A six-month license suspension (with possible eligibility for a restricted license).
  • Jail time ranging from 48 hours to six months, though jail can often be avoided through alternative sentencing options.

Subsequent DUI offenses carry increasingly severe penalties.

7. What If I Refuse a Chemical Test?

Refusing a chemical test can lead to:

  • Immediate license suspension: One year for a first refusal, two years for a second, and three years for a third.
  • Enhanced penalties if convicted of DUI: While you can refuse preliminary alcohol screening (PAS) tests if you’re over 21 and not on DUI probation, refusing post-arrest chemical tests carries serious consequences.

8. Will a DUI Conviction Stay on My Record Forever?

A DUI conviction remains on your driving record for 10 years and is used to enhance penalties for subsequent DUI offenses during that period. It will also show up on your criminal record, which can impact employment, housing, and professional licensing opportunities. Expungement may be possible in some cases, but it does not remove the conviction from your driving record.

9. Can I Drive After a DUI Arrest?

If your license was confiscated at the time of arrest, you may receive a temporary license valid for 30 days. To avoid automatic suspension after this period, you must request a DMV hearing within 10 days of your arrest.

10. Why Should I Hire a DUI Defense Attorney?

A DUI conviction can have lasting consequences on your life, finances, and driving privileges. An experienced DUI attorney can:

  • Advocate for your rights during DMV and criminal proceedings.
  • Investigate the circumstances of your arrest.
  • Negotiate reduced charges or alternative sentencing options, such as community service or alcohol education programs.

Contact Attorney Paul Tyler After a DUI Arrest in Ventura County

The Law Office of Paul Tyler provides dedicated legal defense for those facing DUI charges in Ventura County. Contact our office today by calling 805-889-9000 for a free consultation to learn how we can help you navigate your case.

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By Paul Tyler | Posted on January 8, 2025