HOLIDAY DUI? DO YOU KNOW YOUR RIGHTS?
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.