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As a DUI Lawyer in Pasadena, I see people driving while under the influence of alcohol. I have dealt with a variety of cases and instances defending my clients who have been charged whit this minor offense.

Defending Someone Guilty

I thought of sharing my experience with you. Therefore, I narrowed down common mistakes people make during DUI Arrest. Remember, every case is unique and different facts add to build it up. It’s a mess, and this is the reason why you need an experienced and qualified attorney to represent your case.

The DUI arrest doesn’t rely on your tolerance of alcohol. Instead, the alcohol content in blood is the deciding factor. Considering how many people are arrested every day, we thought of sharing a few important details with you.

Don’t Say a Word

If you admit you had even one sip, you are giving the officer the right to investigate further and determine whether you are guilty of DUI or not. You have incriminated yourself by making this statement. Therefore, you should remain silent. It is your right and keeps you from getting yourself into a bigger mess.

If the officer asks you a question, you can politely refuse to answer their questions. They will intimidate, but you shouldn’t make a scene. Refraining from doing anything terrible helps you defend yourself later.

if you refuse to make an admission, you will make it easy for your attorney to get you out of this mess. So, don’t try to be a hero. It will only make matters worse.

Field Sobriety Tests are Voluntary

Every time someone arrests on charges of DUI, the suspect has to go through a series of tests. These tests are called field sobriety tests. They are mostly physical such as walking in a straight line, touching nose with your eyes closed, or standing on one leg for 30 seconds.

These tests are subjective and tend to do more harm than good. The officer doesn’t ask you to perform these tests unless they are confident you were driving under the influence. An officer first pulls you over, ask you to get out of the vehicle, and then asks you to perform these tests. They don’t need concrete proof to evaluate whether you were driving under the influence or not.

Police officers need a few hints to write their opinion in the official report. This report is presented in DUI case before the court. In most cases, the subject believes they passed the field sobriety test with flying colors, but the official report says otherwise.

When an officer asks you to perform these tests, you have the right to refuse. Unfortunately, most people are unaware of this. These people are shocked when they find out these tests are voluntary, and you can deny.

A common reason why most people are unaware of is that the Police Officers never explain this during their investigation. Therefore, try not to help the police or prosecutor to convict you.

You can Choose to Submit Blood Alcohol Test

Officers who suspect a driver of DUI have to notify the subject that they can choose between a breath test and blood test. Unfortunately, they don’t do it and instead intimidate people into taking a breath test on the spot.

Officers choose to do this as its a fast and efficient method to evaluate whether the person was driving under the influence or not. Another reason why this is a common practice is its hard to check and assure the results are accurate.

Breathe dissipates in the air without no trace. On the contrary, a blood sample remains in evidence, and an experienced DUI lawyer can have these test sample. They can obtain these to have it recheck on their terms and assure the reports are correct.

Unlike breath test, a blood sample is administered under right conditions from the court. These conditions are found in a hospital. This where most tests take place. The blood sample takes time to get to the hospital, and if the institution has its problem, then there will be some delay in testing the blood and assuring whether you were driving under the influence or not. This can help you like the alcohol content in your blood will lower with the passage of time.

Opt for a Blood Alcohol Test

Even if you are drunk, you better take the BAC test. Every licensed driver has to agree to implied consent. Submitting to a B.A.C test is one of the conditions you need to fulfill for your license. If you refuse a B.A.C test, and it is proved at DMV, and you risk losing your license.

If it is proved in court, then you will face harsh charges. Therefore, take a deep breath and agree to B.A.C test, and hope for the best.

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DMV License Suspension After DUI

If you are charged with DUI, you don’t need a bail to walk out. But you will need to fill a series of paperwork. The bad news is police will hold your permanent license, and give you a temporary one.

This temporary license will let you drive for 30 days from the date of your arrest. At this point, you have ten days to contact DMV and ask for a hearing to whether you will get your license suspended or not. If you fail to file your request within this time frame, your license will be suspended for four months right when your temporary permit expires.

Therefore, request a hearing and prep your case with a DUI defense attorney to save your skin. The issues discussed at your hearing will be:

  • Did the Police Offer had a valid reason to believe the suspect charged with DUI was driving a motor vehicle while violating drunk driving regulations?
  • Was the suspect pulled over and arrested lawfully?
  • Was the suspect charged with DUI Driving a motor vehicle with 0.8% or higher Blood Alcohol Content (Also known as BAC)?

The issue that the subject had to drive to work or any critical reason won't be brought up at the hearing; only the arguments mentioned above will happen. The person charged with DUI will present himself also as an evidence

The trial can take place over a telephone or in person but it won't take place without the police report and other details being presented to the court.

The DMV is your chance to save your license and valuable information that will help you defend yourself in criminal court. Therefore, it’s essential that you hire a qualified Criminal Attorney. Whatever you do, don’t miss your chance to request a hearing within ten days.

Get a Restricted License to Drive

If the DMV suspends your license after DUI, you are still eligible for a restricted license that will allow you to drive to work and DUI Classes. Just make sure you meet the following requirements, and you will get your license shortly:

  • Join a DUI Treatment Class or Group
  • Show Insurance while filling your forms
  • Pay the Mandatory fees to DMV

Depending on where you live, you may need to install an IID (Ignition Interlock Device) before getting your restricted license. Don’t worry; you can still drive during the restriction period.

Find an Experienced Attorney to Fight and Win

Having an experienced lawyer at your side can turn the tide. For instance, they can raise several issues at DMV at the Criminal Court. They will favorably present your case and make sure you get your license back.

Even if you lose your license, they will help you get it back as soon as possible. Yes, you are allowed to request for an early reinstatement of your driving license. The lawyer can convince court reinstating your license won’t be a risk to public safety.

They can show the court the trouble you face for commuting and make them change their mind. Losing a license during DUI can be problematic. But having an experienced attorney at your side can help you get an early reinstatement. Just make sure you are getting qualified legal advice with high success rate.

Getting Arrest for Smoking Pot

Different nations adopted different standards for DUI cases. Legalization of Cannabis has called a public concern about smoking weed and driving. The argument that surfaced is how do we regulate the impairment of smoking weed as we did for the impairment of alcohol.

Well, there are limits within the legislation. Driving a motor vehicle with blood THC level of more than 5ng/ml (or more) can get you arrested. The punishment is different according to different states.

If you are found driving with THC level between 2-5ng/ml, you will be charged with a summary offense and have to pay a fine. Most countries and states are opting for a zero-tolerance policy when it comes to driving under the influence of Marijuana.

It doesn’t matter whether you were driving under the influence of alcohol, marijuana or something else, you need a lawyer to walk out of the court with your dignity and license intact.

Jennifer Carson