Have you been arrested for DUI? If you have, then you have to be aware getting arrested for DUI is worse than you can expect. At or around a million people are arrested for driving under the influence (DUI) each year.
DUIs can affect important parts of your life, including but not limited to your driving record, your insurance rates and it can also affect your professional license if you are licensed. When you have been arrested for a DUI it is very important that you reach out to a local DUI Defense Attorney to help you with your case. Our firm has experience dealing with DUIs and can help you throughout the process.
Shaw 3 Law Firm is a firm that has experience handling these matters. We are a great source you can trust during the dark days ahead. We think about your case as a whole and try to deliver the best results to all clients. We are a reliable law firm and will personally handle your case from beginning to end.
Our practice areas for DUI Defenses includes:
-Breath & Blood Tests (Chemical Tests)
-APS Hearings (DMV Hearings)
-First Time DUI
-Field Sobriety Tests (FSTs)
-DUI with Injury
FREQUENTLY ASKED QUESTIONS: DUI
What does BAC stand for?
In short BAC stands for Blood Alcohol Concentration percentage in your blood. The law enforcement officials will try to determine if you have been driving under the influence based on the level of your BAC. If your BAC is at or above .08% this can usually be a bad thing, but not the end of the world.
What are the penalties for DUI conviction?
DUI penalties can and will vary depending on a variety of factors, but the most important factor is usually the number of DUIs you have had. Nonetheless, most DUIs are prosecuted as misdemeanors, but a DUI offense may be charged as a felony if the following takes place: someone was injured; if you have a prior felony DUI conviction for any reason; and/or if you have three (3) or more prior DUI or wet reckless convictions within the previous 10 years.
Usually for 1st Time offense misdemeanor DUI the penalties can be the following: up to 6 months in county jail; Fines usually between $390-$1,000; up to 6 months mandatory IID period; and/or 3 or 9 month DUI school;
Usually for 2nd Offense Misdemeanor DUI offenses the penalties can be the following: up to 96 hours to 1 year in county jail; Fines usually between $390-$1,000; 1 year mandatory IID; 18 or 30 months of DUI schooling.
Usually for 3rd Offense Misdemeanor DUI the penalties can be the following: 120 days to 1 year in county jail; $390-1000 in fines; driver’s license suspension for 3 years (or instead you can drive with an IID for 2 years); 30 months of DUI school.
Usually for DUI with Injury (Misdemeanor): 5 days to 1 year in county jail; $390-5000 in fines plus restitution to injured parties; driver’s license suspension for 1 to 3 years (or instead you can drive with an IID for 6 months); 3, 18 or 30 months of DUI school.
Usually for 1st Offense DUI with injury (Felony): 16 months to 16 years in state prison; $1015-5000 in fines plus restitution to injured parties; driver’s license suspension for 1 year (or instead you can drive with an IID for 1 year); 18 or 30 months of DUI school.
Usually for Felony DUI: 16 months, 2 years or 3 years in state prison; $390-1000 in fines; driver’s license suspension for up to 5 years; 18 or 30 months of DUI school.
When it comes to DUI penalties, these are just a range. It is very important to talk to a CA DUI Defense Attorney regarding your case to argue for lesser penalties as it relates to your specific facts of the case.
Can I get pulled by law enforcement, get detained and arrested without Probable Cause?
Usually the answer to that is NO! In order for law enforcement officials to pull you over, detain you and later arrest you, they must have what is called Probable Cause. As it relates to DUI, the law enforcement official must have reason to believe that you may be driving under the influence and they want to conduct pre-arrest investigation to determine if you are in fact, according to them, driving while under the influence. It is important to understand that usually pre-arrest investigation such as the Field Sobriety Tests (FSTs) and Preliminary Alcohol Screening Test (PAS) can be refused without incurring any penalties. However, once you have been deemed arrested, the Chemical Test (Urine, Breath and/or Blood) cannot be refused without incurring any penalties. This is usually called the "Implied Consent" law.
What is the "Implied Consent" law?
Currently in the state of California, if you have a valid driver's license, then according to the law you have already given your legal consent to a breath or blood test if you are ever believed to be driving under the influence. If you do not cooperate with the authorities and refuse to take a test, then legally they must advise you of the consequences. If you refuse and are later convicted of DUI, your penalties could increase. It is important to talk to your local CA DUI Defense Attorney about this.
What are some defenses for DUI charges?
The main defense that attorneys can use is that there are other causes besides alcohol such as texting while driving or distracted with something in the vehicle. In addition to that, other factors such as being fatigued, illness or etc can affect affect your balance or coordination, which overall can be a defense to show that your signs could be something else other than alcohol.
Nonetheless, it is very important to pay attention to every moment that takes place from the moment you are stopped to the moment that they arrest you. These are important facts that can help your CA DUI Defense attorney gauge your case and see if there are grounds for dismissal for law enforcement authorities not following proper legal procedures.
It is important that you get the right CA DUI Defense Attorney on your side to advocate for your aggressively.