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IMPORTANT INFORMATION THAT YOU SHOULD
KNOW IF YOU ARE ACCUSED OF A DUI
1. What are the types of driving
police officers look for when they are patrolling the roads?
The initial things that may alert
a police officer to your vehicle are:
a) going back and forth over
the bots dots
b) speeding
c) Erratic braking
d) Near accidents
e) Slow response to traffic lights and signs
f) Turning abruptly
g) running red lights
h) Swerving
i) failing to stop at stop signs
j) Following too closely
k) Driving off the designated road
l) Looking intoxicated
m) Using the wrong turn signal
n) Drifting
o) Weaving
2. What should I say to the police
officer that stops me and asks me if I have been drinking?
You do not have to respond to the police
officer's questions regarding drinking. As soon as the police
have stopped you they are gathering evidence against you.
Other than requesting your license, registration and insurance
information, the police cannot force you to answer any questions.
3. Do you have the right to speak
to an attorney before submitting to a field sobriety test?
Yes. In California, you do not have the
right to consult an attorney before deciding whether to submit
to a field sobriety test. However, the police can ask you
questions concerning your drinking without an attorney present
but you do not have to answer.
4. Should I agree to perform field
sobriety tests (FSTs)?
No. You are not legally required to perform
any of these tests. Field sobriety tests can include a variety
of physical tests including: heel-to-toe, finger-to-nose,
one leg stand, counting numbers, alphabet recitations, fingers
to thumb among others. . Whether you pass or not is a very
subjective determination and the officer may deem you to have
failed even if you felt you did very well. This evidence can
then be used to help convict you of DUI. It is often a good
idea to politely decline these tests.
5. Should
I submit to a Preliminary Alcohol Screening test?
No. This is a test commonly known as the PAS test. It is a
hand held portable device that can measure your blood alcohol.
The police will tell you that this is not required.
6. Should
I submit to a standard chemical test? Can I refuse?
The police officer cannot force you to
submit to a chemical test. However, by California law you
are required to submit to a chemical or risk the loss of your
license. If it is found that you refused the test, your California
Driver's License will be suspended for a one-year period by
the Department of Motor Vehicles no matter what the outcome
of the court case is. You have the right to a hearing to contest
this suspension and must request this hearing within ten (10)
days from the date of you arrest.
7. What type of chemical test should
I take?
You are often given a choice of Blood
or Breath tests. Blood tests are the most accurate of the
tests. If you give a blood sample, the sample must be preserved
according to specific rules so that it is available to your
attorney for independent testing and analysis later. Breath
tests are fairly reliable, but the results can be unreliable
for a variety of reasons. No breath sample can be preserved
for later analysis
8. Should my case be dismissed if
the officer never read me my Miranda Rights?
It depends on when and if the officer
asks you questions. If he asks questions about your drinking
and driving after he has you in custody then he is supposed
give you a warning about your 5th Amendment rights, failure
to do so usually does not merit a dismissal. However, if an
officer fails to inform you of these rights, the prosecution
is not allowed to use your answers to their post arrest questions
as evidence of your DUI.
9. Why do I have two (2) charges
against me?
You are being charged with two separate
crimes. In most DUI situations you are charged with [1] driving
with a blood alcohol content of .08% or higher, and [2] driving
while under the influence of alcohol. You can be convicted
of either one or both, but you are only punished once.
10. Why was my driver's license
not returned to me when I was released?
Your license was taken away by the police
and you were issued a notice of suspension. This form is your
temporary driver's license for 30 days following your arrest.
After those 30 days, your California Driver's License is suspended
unless you request a hearing disputing this suspension with
the DMV. WARNING: YOU HAVE ONLY 10 DAYS FROM THE DATE OF YOUR
ARREST TO CONTACT THE DMV AND REQUEST THIS HEARING. Gregory
A. Lee, APLC attorney will be able to contact the DMV for
you and represent you at this hearing.
11. What can be done to reinstate
my driving privilege if I lost or failed to request a DMV
hearing?
After 30 days of actual suspension, Gregory
A. Lee, APLC can contact the DMV for you and request a restricted
license allowing you to drive to and from work and any classes
you may be attending.
12. It is my first DUI; can't I
just represent myself?
You have right to represent yourself.
But would you perform surgery on yourself if you needed your
appendix out? You are likely to get a much more favorable
result if you retain a knowledgeable DUI attorney to represent
you. In many cases hiring Gregory A. Lee, APLC can result
in the charges being reduced or dismissed. In addition, the
need for jail time can often be eliminated. In most cases
you will not have to appear in court.
Gregory A. Lee, APLC will review your
case and the police reports. He will also analyze the results
of the chemical tests, compel discovery of the pertinent maintenance
records and arrange for blood samples to be tested by an independent
lab. There are Motions that can be filed on your behalf with
the court and attempt to negotiate a favorable conclusion
with the District Attorney.
13. How much will it cost to hire
a lawyer?
Attorney's fees vary depending on the
complexity of the case.
A highly qualified DUI attorney will normally charge between
$1,500 to $7,500 to handle the case up to trial. Fees for
a jury trial often range from $1,000 to $2,500 per day. Representation
at the DMV hearing to try to save your driving privilege can
range from $500 to $1,500.
Gregory A. Lee, APLC fees are very reasonable.
Call for a free consultation which will include a fee quote.
14. What is the "rising blood
alcohol defense"?
This is a defense technique that may
be available to you depending on the amount of time that has
elapsed between the time you consumed alcohol and the time
of your chemical test. Alcohol that you drink is not absorbed
into your blood stream immediately. It can take as little
as 30 minutes to as long as several hours for alcohol that
you consume to enter into your blood stream.
During the time that elapses while your
are stopped, transported to the station, and waiting for your
chemical test you may still be absorbing the alcohol in your
stomach. In other words, your BAC is higher at the time of
the test is higher than it was when you were actually driving.
15. Are there any defenses available
in a DUI case?
While there is no limit to the types
of defenses that may be available depending on the facts of
any particular case, the following defenses are common in
the field of DUI defense.
-Lack of probable cause. If the officer
did not have probable cause to stop, detain, test or arrest
you, evidence against you may be excluded.
-Lack of proof you were driving the vehicle.
In addition to proving you were under the influence of alcohol,
the prosecution must also prove that the defendant was driving
the vehicle. If there are no witnesses, this may difficult.
-Lack of warnings. If the officer failed
to give you Miranda warnings at the required time, incriminating
statements made by the defendant may be excluded. Additionally,
if you refused to submit to a chemical test and the officer
did not appropriately advise you of the consequences of a
refusal, evidence of the refusal may be excluded.
-Lack of reliable chemical test results.
The reliability of the results of your chemical test may be
impeached if the machine was not properly maintained, calibrated
and operated.
-Lack of properly preserved blood sample.
If you submitted to a blood test, your blood sample must be
preserved and available to you and your lawyer for independent
testing.
-Lack of reliable observations by the
officer. The officer's observations that a defendant "appeared"
to be under the influence or that he/she "failed"
a field sobriety test can sometimes be impeached. Your attorney
can expose the officer's bias or use witness to contradict
his observations.
16. Will I miss much time from work
because I have to appear in court on my DUI matter?
A DUI is usually classified as a misdemeanor,
The use a Penal Code 977, which is a Waiver of Personal Presence
may be invoked thereby allowing Gregory A. Lee, APLC to appear
in court on your behalf without you having to be present.
Therefore you will not have to miss work or sometimes more
importantly embarrassingly be recognized in court.
17. Can I have more questions about
my DUI/DMV matter?
Please call Gregory
A. Lee, APLC toll free at
(949) 955-2445.
You will receive a free consultation about your case.
The Drink
Wheel
On-Line BrAC
Calculator
About Disclaimer
The Intoximeters Inc. "Drink Wheel"1
is a form that you can fill out. Upon completion we will instantly
compute your estimated blood/breath alcohol concentration
("BAC") based on the information that you have provided and
return that estimate to you. It is presented as a public service
to Intoximeters web site visitors. Its primary purpose is
to provide useful information about the responsible use of
alcohol.
Why is it called a "Drink Wheel"?
We call it the "Drink Wheel" because
it is based on various paper and cardboard BAC calculators
that are given out in alcohol awareness programs, some of
which are in the form of a wheel that you can spin around
to calculate your estimated BAC based on what and how much
you have had to drink.
It would be extremely foolish for us
to pretend that our "Drink Wheel" can tell you what your BAC
actually is, first because it would open us up to an incredible
amount of potential liability and second if it really did
work accurately there would be no need for anyone to buy the
instruments that we make and sell.
A person's actual BAC is dependent on
many complex factors, including their physical condition (body
composition, health etc...) and what they have recently ingested
(including food, water, medications and other drugs). This
site includes a more detailed discussion of the Pharmacology
and Disposition of alcohol in humans.
The results that are generated are rough
estimates of an average healthy person's BAC assuming typical
beverage sizes, recipes and alcohol content. The BAC estimates
generated by the Drink Wheel should not be used to
infer anyone's fitness to work, drive or perform any other
task or duty.
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