If you have been charged with a DUI (driving under
the influence) in California, you may face not only high fines
and penalties, but also the possibility of having your driver's
license suspended or revoked and jail time. One of the most crucial
things you will need to do is to seek the immediate advice of
an experienced and knowledgeable DUI/Drunk Driving attorney. The
law offices of Rizio & Nelson and their Inland Empire DUI
Attorneys have the experience and knowledge to offer you the possibility
of keeping your record clean, maintaining your precious driving
privileges, and keeping you out of jail.
You must request an Administrative Per Se hearing from the Department
of Motor Vehicles (DMV) within 10 days from the date of your DUI
and request a "stay" on your license, or you may risk
losing your driving privileges for up to 180 days.
Once a hearing date has been decided upon, your license will automatically
be stayed (meaning that the suspension will stop) pending the
outcome of your hearing. You must request this hearing in order
to contest the suspension of your driver’s license. Bear
in mind that commercial drivers have a different criterion and
that a commercial driver's license shall be suspended for 12 months
if the offense occurred in a vehicle requiring a class A or class
B driver's license.
There are many differing factors to a “driving
under the influence” charge. Inland Empire DUI Attorneys
at Rizio & Nelson have extensive experience handling Department
of Motor Vehicle hearings - and not just those relating to alcohol/drugs.
We are also experienced in handling hearings for points, medical
conditions, competency, and critical need-to-drive situations.
While the DMV hearings may be complex, and circumstances may vary
widely in each case, the Inland Empire DUI Attorneys at Rizio
& Nelson will put their combined knowledge and expertise to
work for you to avoid license suspension/revoke of your license,
excess fines, and even jail time.
In California, the DUI penalties are brutal. A DUI conviction
will require you to answer "yes" to potential employers
if asked about a DUI conviction on a job application or in interviews,
and may prohibit you from driving a company car due to insurance
liabilities. There will also be substantial fines, including but
not limited to DUI victim's fund, DUI classes, vehicle towing
and/or storage fees, increased car insurance rates, and other
fees that may be assessed by the court itself in addition. If
you have a child in the car when you are stopped, chances are
likely that you will also be charged with child endangerment.
California law enforcement agencies have the right and responsibility
to stop you if they even suspect that you have been driving under
the influence. By law, if you are pulled over, you are only required
to present your picture identification and the vehicle’s
registration. You are not required to:
- Answer any of the officer's questions regarding, where you are going, how much you have had to drink or where you have been;
- Perform any field sobriety test (roadside testing) such as walking a straight
line, touching your finger to your nose, reciting the alphabet, etc.;
- Submit to a roadside breathalyzer test;
You are required to agree to a breathalyzer test
at a testing facility, police station, or area hospital. You will
be given the choice of a breath or blood test. If you refuse to
take either test that is offered to you, then your penalties may
be much more severe, including the loss of your driver's license
for one year. If your blood alcohol content is over .08%* (California‘s
legal limit), then you will be arrested and allowed to call an
attorney. Before you consult with a defense attorney, you are
advised not to answer any questions. Less than 70% of DUI arrests
in California result in a conviction. An experienced DUI attorney
can recommend alternative sentencing or get your case dismissed
altogether, resulting in no jail time.
*If you are under the age of 21 (the legal drinking age), it
is a crime to operate a motor vehicle on a public roadway with
a blood alcohol content of over .01%. This means that even one
drink may put you over the legal limit, so do not take the risk.
The Orange CountyDUI, drunk driving, driving under
the influence of alcohol, drunk driving arrest, DUI arrest, or
any other legal information presented at this site are not be
construed as formal legal advice nor the formation of any attorney-client
privileged relationship. Any results set forth here are dependent
upon the facts of that particular case and the results will vary
on a case-to-case basis. Please contact a California DUI lawyer
or drunken driving attorney at our law firm. This web site is
not intended to solicit clients for matters outside of the State
of California.
We thank you for visiting the website of Orange CountyDUI Attorneys/Lawyers.
