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How The Legal Process Works

There are several steps taken in the process of California DUI arrest and conviction. This is generally how it works.

1. You are pulled over.
   In order to be pulled over by the police, they must have a reason to do so. (See CHP link) They may see an abnormal driving behavior such as weaving, a mechanical problem with your vehicle such as a broken head light, or a driving infraction such as an illegal turn.
   
   If they suspect that you are driving under the influence of drugs or alcohol, or both, they will require you to submit to a breath test or a blood test to determine the amount of BAC present. You should not refuse the test at the station but you have the right to insist that it be carried out in a controlled environment by people who are specifically trained to administer such tests. You may choose to submit to a breath test or a blood test and you may want to consider 2 factors before making your choice. One, "Breath" evidence cannot be kept in order to be examined at a later date by your own experts whereas two, "blood" evidence can.
   
   Do not enter into conversation with the police regarding "what you drank" "where you were", etc. You are only required to give your name and address and you are required to produce all necessary documents but, other than that, you have the right to remain silent. Remember, you still have the right under the constitution to refuse to answer questions without first obtaining advice from an attorney.
   
   Do not consent to a roadside breath test. Preliminary alcohol screening is voluntary and you are not required to consent even though the police seldom advise you of that right. They are often performed by unqualified people in uncontrolled surroundings and can give inaccurate readings that may damage your defense. Remember, the police already think you're guilty - that's likely why they stopped you! Make them prove their accusation in a court of law, not on the side of the road.
   
   Do not consent to a field sobriety test. These are the tests that require you to walk a straight line, touch your nose, etc. These tests are voluntary and are subject to the interpretation of the police officer giving the test and are not based on scientific fact. If you have already taken a field sobriety test, all is not lost. An experienced Los Angeles DUI attorney can show how ineffective that evidence is in a court of law.
   
   
2. You are transported to a police station.
   You will be required to take either a breath test or a blood test upon arrival at the station. You will not be able to consult a Los Angeles DUI defense lawyer prior to taking the test. If you are found to be under the legal BAC limit, you may still be arrested. At that time will have the right to call an attorney for advice. Do not volunteer any information and follow your attorney's instructions.
   
   
3. You must schedule a DMV hearing within 10 days.
   You will be given a notice of suspension and the DMV must prove that there is sufficient reason for revoking your license. If you do not request a hearing, the suspension will take effect for the legislated amount of time. It is important to remember that the DMV hearing is different from the actual court proceeding that determines your guilt but your failure to exercise your right to a DMV hearing could negatively affect your defense. Please remember, the DMV hearing is not the court hearing. There are actually two sentences that may be imposed, one from the DMV and one from the courts. If you do not schedule a California DMV hearing within 10 days you will lose the right to defend yourself against the DMV at a later date.
   
   
4. Your attorney prepares your defense.
   Do not get discouraged! Several factors come into play when an attorney who is experienced with DUI law prepares your defense. California DUI cases are not cut and dry. You may feel that you have already been proven guilty because of such indicators as "blowing over" the legal limit, but your rights are still protected under the constitution. The burden of proof rests with the prosecutor.
   
   Were you stopped by the police because they saw you swerve? If so, did you swerve to miss an object on the road?
   
   Did the police notice bloodshot eyes? Were you tired or were your contact lenses bothering you?
   
   If you did take a field sobriety test and failed, was it because of medical reasons such as high blood pressure or inner ear problems? Were you feeling intimidated by the interrogation process that may have caused you to become nervous or confused? Did the police officer have the appropriate medical credentials that would support his conclusions?
   
   Many factors may cause a breath test to register a false reading.
   When you took the breath test, had you recently used mouthwash or breath sprays that contained alcohol? Do you have a reflux problem that may have caused stomach contents to re-enter your esophagus? Alcohol that is present in the mouth from breath sprays, burping, etc., will give a false reading.
   
   If you were arrested for drunk driving as a result of an accident causing injuries, blood in your mouth may also give a false reading.
   
   How long did you wait after you were pulled over before the test was administered?
   
   Alcohol enters the blood stream at a certain rate. You may have had a BAC reading of over 0.08 when the test was administered but that does not necessarily mean that you had that reading when you were driving.
   
   When you were arrested, were your constitutional rights explained to you?
   
   
5. If you are eventually convicted, certain penalties may be imposed.
   
   
6. Alternative sentencing.
   Mr. Wolf is an experienced and resourceful DUI attorney and can often convince the courts that a jail sentence would not benefit either the client or society. Many alternatives can be more effective such as drug/alcohol treatment, house arrest, etc. A California driving while intoxicated defense attorney who is experienced in DUI law will introduce these alternative methods of punishment to the courts and may be victorious in keeping you out of jail.
   
   
7. Insurance requirements.
   If you are convicted of a DUI offense, you will unfortunately suffer financially. Although you cannot be refused insurance coverage based on a DUI conviction, you may be refused coverage by your current insurance provider and be forced to use a provider that has been mandated by the government to offer "high risk" coverage. This coverage is extremely costly. In addition to paying exorbitant premiums, you will be required to provide an SR22 form to the DMV in order to register your vehicle. You will need to provide an SR22 for the next 7 years. The SR22 form proves that you have insurance coverage but also tells the DMV, insurance companies, employers and others that you have been convicted of DUI.

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