- posted: Nov. 15, 2014
The Desert Sun headline on November 23, 2015 was "MANY DON'T KNOW THEIR RIGHTS". Though the story was about Farmworker's Safety Laws, as I read it I thought of other clients who are unaware of their legal rights.
DO YOU KNOW YOUR DUI RIGHTS?
Field Sobriety and Breath Tests at the scene are OPTIONAL.
If no drink for a few hours, request a Blood test at the station.
It takes about an hour for a drink to go in or out of your blood.
A DMV hearing MUST be requested within 10 days or right to a hearing is lost and license is suspended.
Miranda rights are not as important as it applies to questioning at the scene. The DA can make a case without anything you say and just uses the FST's (walk the line, finger to nose etc.) and the chemical (Breath or Blood) Tests.
Silence is Golden and Handcuffs are Silver so DON'T TALK to POLICE without your lawyers permission.
The correct charge is Driving Under the Influence, not Drunk Driving. You merely have to be impaired.
The DA will ask for Jail Time on a first time DUI.
There are alternates to jail time.
For the last 6 months the DA makes their best offer at the Arraignment. Thus aging the case, as was done in the past, may not be in the client's best interest.
DUI TEST REFUSAL results in a 1 year license SUSPENSION.
DUI: filed as VC 23152 a: Driving under the influence & VC 23152 b: Driving with a BA (Blood Alcohol reading) of .08.
DUI requires both a DMV and Court hearing.
The 23152 a & b filing gives the DA two (2) bites of the apple.
A 23152b only deals with an alcohol reading of .08 or more
If you lose the DMV hearing your license is suspended for 4-5 months and if you plead in court or lose at trial your license is again suspended by DMV.......but you do not have to endure 2 suspensions.
A DUI/ Reckless Driving or At Fault accident is 2 points and traffic tickets are 1 point.
License suspension if total is 4 Points in 1year: 6 in 2 years or 8 points in 3 years
Traffic School removes a point; Ticket remains for Insurance Purposes.
The Indio court only accepts Traffic School AFTER A TRIAL (if the cop does not object).
Though often referred to as a DUI criminal defense lawyer, I choose to not view my DUI clients as "criminals". I prefer to view them, and more importantly to treat them, as good, honest people that have found themselves in a scary and unfortunate situation after screwing up.
I look upon my job as protecting the Constitutional Rights of every American who drinks and drives and gets arrested for a DUI. I do however "Change Hats" when I SUE Drunk Drivers for damages to my injured or deceased clients.