California DUI FAQs

California DUI FAQs

What is a DUI?
DUI is an acronym for Driving Under the Influence. A person is guilty of DUI if he/she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired.

What is BAC?
BAC is an acronym for Blood Alcohol Concentration. Essentially, BAC is the percentage amount of alcohol in a person's bloodstream. The law of most states determines a BAC limit to be the level at which people can legally operate a motor vehicle. Thus, a driver's BAC is used to determine guilt in cases of driving under the influence (DUI). BAC can be measured using a blood sample, urine sample, or by measuring the alcohol on a person's breath buy using a breathalyzer.

I was driving, I got arrested, and the test showed that I was under the influence of alcohol - What should I do?
Police officers write hundreds of reports a week and often fail to include details which, when properly investigated, provide a legal defense for the stop and possible the administration of Field Sobriety Tests and blood or breath tests. Further, even if a lawyer cannot show there was a problem with the machine, it is often possible to show the results are not reliable and that errors and/or mistakes can be made, and therefore a reasonable doubt may exist as to the accuracy of the test result in a particular case.

What are the penalties for "drunk driving" in California?
The penalties for driving under the influence in the state of California depend on two critical factors:  how much alcohol was in your system, and whether or not you are a repeat offender.  Specific information on standard sentencing fines and procedures under California State Law can be found at www.dmv.ca.gov.

Can I fight my DUI arrest?
Yes. You may request a review of your license suspension by the DMV within a specified number of days following your arrest. At a formal review, the hearing officer is authorized to administer oaths, examine witnesses and take testimony. If you request an informal review hearing, it shall consist solely of an examination by the department of the written materials submitted by the arresting officer, as well as anything you wish to submit. You generally cannot attend an informal hearing.

What about the different tests that the police can use to determine my blood alcohol?
There are three main ways the police use to determine your blood alcohol:
(1) Drawing a blood sample from your arm;
(2) Obtaining a urine sample;
(3) Obtaining a breath sample by having you blow into a machine called a breathalyzer.

You have the choice of which one of these three tests you will take, although recently the law has been changed to allow the urine test to be discontinued by the police because of the problems associated with it. The only time your ability to choose which test you take can legally be restricted is if one test is somehow unavailable, you must then take the other. The officer is required to tell you of your options. However, the decision as to which test you take is up to you.

What are the potential defenses in a DUI case?
Potential defenses in a dunk driving case are almost limitless due to the complexities of the offense. However, most can be broken down into the following:

• Driving: the prosecution must prove the defendant was driving at the time the offense was committed. If there are no witnesses to your driving, the prosecution must prove this essential fact using both direct and circumstantial evidence.
• Probable Cause: Evidence will be suppressed if the officer did not have legal cause to stop, detain and/or arrest you.
• Statements/Miranda Rights misinformation: Incriminating statements may be suppressed if warnings were not given during a custodial interrogation.
  Implied consent warnings: This may be a defense if the officer did not advise you of the consequences of refusing to take a blood or breath test (a one year suspension of your license among other things), or gave it incorrectly.
• "Under the influence": The officer's observations and opinions as to intoxication can be questioned -- the circumstances under which the field sobriety tests were given, the subjective (and predisposed) nature of what the officer considers as "failing".
• Blood-alcohol concentration, including "the rising blood alcohol defense.”: Specific problems with the blood alcohol testing equipment can be proven in a court of law, and it is often difficult for the prosecution to prove that the testing equipment is infallible.