Monthly Archives - July 2012

One of the main things at stake when you are arrested for driving under the influence is your drivers' license. And losing your license is no laughing matter. You may use it to get to and from work and may even use it as part of your actual job. If you lose it, there is a possibility of also losing your livelihood, and this can be on top of having to pay court costs, lawyer fees and possibly fines if convicted. Having a good San Diego DUI attorney by your side to defend your case and help you avoid a long license suspension is something you can't take for granted. Your license will be confiscated by the officer at the scene if you are charged with a DUI and you have 10 days to then request a license suspension hearing with the California DMV to determine the state of your license. If you request on your own, you may be asked to submit to a phone hearing. However, if you use a DUI attorney in San Diego to request this hearing for you, there is a better chance you will end up with a hearing that is not over the phone, which can have a much better outcome. Having your lawyer with you at the hearing leaves you with a higher chance of getting your license back. If your license is suspended and this is a first-time DUI offense, you are looking at the possibility of several things:

• a six-month maximum suspension
• attendance at DUI education course for three months that have been approved by the state of California
• an even longer suspension if there was a minor in the car with you at the time of arrest who was under the age of 14
• also, a longer suspension if you were speeding at more than 20 MPH on the streets or 30 MPH on the highway.

Losing a license for that long can be devastating and also cause your insurance premiums to skyrocket. A good defense by an experienced San Diego DUI lawyer can help you lose your license for as short a period as possible. Losing your license can stay on your record in California for up to 10 years. This can have devastating effects on your life, as can a DUI conviction in general. If you are facing such charges, call a DUI lawyer in San Diego today for an excellent defense.

When you are pulled over as a DUI suspect, chances are you will be asked to perform a series of what are called field sobriety tests to determine if you are capable of being behind the wheel. These tests must be administered in a specific way in accordance with the law and can often lead you to being asked to take a breathalyzer test to determine your Blood Alcohol Concentration (BAC). Whether these tests were performed correctly and whether they were accurate is something a good San Diego DUI lawyer may concentrate on in court when defending your case. There are several different types of field sobriety tests that can be given. One may be administered, or they can be done in combination with others to prove sobriety. One of the most common methods is being asked to walk in a straight line and then turn. This is considered one of the more accurate means of testing, as is being asked to follow a pencil that the officer is holding with just your eyes as he looks for an involuntary eyeball twitch. Some of the tests that experts have said are possibly inaccurate include reciting the alphabet and touching your nose with your finger. There is no way to prove completely with any of these tests that you are behind the wheel of a vehicle when you shouldn't be, but failing them is enough to arouse suspicion and lead to other sobriety tests. These include breathalyzer tests, as well as actual blood tests. These can detect the BAC levels, which need to be below .08% to be considered under the legal limit. Of course, a breathalyzer test cannot detect if you are under the influence of either prescription of illegal drugs.  Your DUI attorney in San Diego may explain to you how these tests work when preparing your case so you know what you are up against. Field sobriety tests may also lead to you being asked to take a breath test with a Preliminary Alcohol Screener. This is a handheld device, but taking a PAS test is not required by law unless you are under the age of 21 in California.  If you took one without knowing you had the legal right to refuse, then a San Diego DUI lawyer can use that fact in court. Remember, even if this is your first DUI offense, it is still a serious charge. Whether you were arrested for a valid reason can also become a valid defense and you will need a good DUI lawyer in San Diego to present that defense for you.