California Dui Defense Attorneys
The Law Offices of Joseph Hawkins Low IV has a long history of aggressively and successfully handling all drunk driving cases in California. The firm is dedicated to vigorously protecting the rights of their clients and achieving the best possible results. The firm's founder, Joseph Hawkins Low IV, is a criminal trial attorney with experience in defending clients nationwide and has the reputation as a tough courtroom attorney and successful legal strategist.
If you are facing DUI or drunk driving charges in California, you need the assistance of an experienced and competent Southern California DUI defense lawyer. Call today for your free consultation. Mr. Low will give you straight answers about your particular situation.
Drunk Driving, Driving Under the Influence, DUI, DWI
The laws in California regarding driving under the influence (DUI, DWI) or drunk driving have changed dramatically over the last decade and are now very strict. You could be facing mandatory jail time and license suspension. You need the advice of an experienced DUI Lawyer immediately to begin protecting your rights and to save your driver's license.
California DUI Laws
It is a crime for anyone with a blood alcohol level of .08 percent or higher to operate a motor vehicle on a public roadway.
It is a crime to drink any alcoholic beverage in a motor vehicle upon a public roadway.
It is a crime to have an opened container holding any amount of alcoholic beverage in a motor vehicle on a roadway unless the container is kept out of the immediate control of the occupants.
Anyone arrested for driving under the influence must submit to a chemical test (blood, breath, or urine) to determine the alcohol content of the blood. Failure to complete or refusal to take the test will result in suspension of the driver's license for one year.
If you are arrested for driving under the influence and your blood alcohol level is .08 percent or more, your driver's license will be taken away by the arresting officer at the time of your arrest. A 30-day temporary permit will be issued by the Department of Motor Vehicles to allow for administrative review and appeal, and then your license will be suspended for four months. If you refuse to take a test, your license will be suspended for one year.
Penalties for a DUI Conviction in California
If it is your first DUI conviction, you will be fined $390 to $1,000 and serve 96 hours to six months in jail with three to five years of probation.
With each subsequent violation the penalties are enhanced.
Any previous conviction in any state is considered to be a prior conviction in the state of California. Penalties are enhanced with each prior conviction.
If you exceed the maximum speed limit by 30 mph on a highway, or 20 mph on any other roadway, an additional 60-day penalty enhancement will be added to your sentence.
Your penalties will be extended up to 90 days for DUI if there is a minor child under the age of 14 in the vehicle at the time of arrest.
If you are convicted of a DUI while driving with a minor child under the age of 14, you may also be convicted of child endangerment, which is a misdemeanor and is punishable by imprisonment in the county jail for up to one year, or in the state prison for two, four or six years.
The state of California has a "zero tolerance" policy for drivers under the age of 21. This means that you can be convicted of a DUI if your blood alcohol level is as low as .01. Your penalties are different and often stiffer.
The signs police officers look for when stopping a suspected drunk driver:
- Driving much higher than the posted speed limit or much lower than the posted speed limit
- Drifting over lanes, weaving in and out of lanes, straddling the center line
- Turning without signaling, making very wide turns, turning abruptly
- Stopping for no apparent reason, braking too quickly, slow response to traffic signals
- Appearing intoxicated
- Operating lights not on, stereo volume exceedingly loud
Know your rights when you are stopped:
First and foremost remember: You are not obligated to answer any questions and you have the right to speak to a California driving under the influence defense attorney BEFORE you answer any questions at all. Also, you are not obligated to submit to a field sobriety test without speaking to an attorney first. The police cannot arrest you for asking to speak to your lawyer before answering any questions.
The police cannot ask you any incriminating questions such as "how much have you had to drink".
If you are arrested, you must be read your Miranda rights during your arrest. If you have not been read your Miranda rights, any incriminating conversation between you and the officer is inadmissible.
If arrested, you are required to submit to a chemical test, either a blood test or breath test (urine tests are no longer eligible evidence in the state of California). Blood tests are more accurate than breath tests. Blood tests must be saved and made available to your attorney for independent testing. Breath tests are less reliable and cannot be saved for future scrutiny. If you are certain that you have not exceeded the legal limit for DUI, you should demand a blood test.
Saving Your License to Drive
You must surrender your license immediately following the arrest and you will be given a temporary license to drive for a period of 30 days following the arrest. You must contact the DMV and request a hearing disputing the suspension, within 10 days of the arrest, or your license will automatically be suspended after 30 days.
The DUI and drunk driving laws in California demand that anyone facing such charges employ an experienced drunk driving defense attorney for his or her defense in order to avoid mandatory jail time and to preserve your drivers license.
For more information on California drunk driving law, visit our California DUI defense website.
