Getting pulled over after drinking is a scary event which occurs frequently n California.  Depending on the nature of the case, there are many common facts you need to know. This guide focuses on exactly what happens before, during, and after a California DUI arrest.

Why the Officer Pulled You Over
Typically the arrest is made after either breaking a driving law or acting erratically. If you are speeding, run a red light, or never stop at a stop sign, you can be pulled over on a basic charge. In some cases, the officer may already have suspicion you’re drinking and driving. In other cases, the officer may be suspicious after pulling over and simply observing your speech and other actions.

What Tests Are Made
You will be given an on-site breathalyzer test by the officer. If you test over the legal limit for alcohol – the same in California as all states, 0.08 or higher – you will be arrested. However, if you pass the alcohol test but are clearly under the influence of drugs or alcohol of some kind, you can still be arrested. In either case, further testing will be done, namely blood tests. Blood tests take longer, but are the best test for alcohol and/or drugs.

You Are Arrested
The officer will read you your rights and arrest you for a DUI. The officer will tell you your license will be suspended in 30 days, and take your current license away. You will be taken to jail, where you typically wait a few hours, and then be allowed to post bail.

Tests for Alcohol and Drugs
If further tests prove you were under the influence of drugs and/or alcohol, the proof will be clear. Charges will almost always be made. Your arresting officer will fill out some paperwork and then the prosecution will decide whether or not to charge you.

The Charges
After reading the officer report, a California prosecuting attorney will decide whether or not to charge you. He or she can choose not to file charges, but in most cases for a positive test you will be.

Why You will Be Charged
Why did all this happen? Drinking and driving is a major problem in California and all states. Using drugs, legal ones which effect your ability to drive or legal ones, is also subject to charges. The problem is how many accidents, injuries, and deaths are related to driving under the influence. Just drinking increases your chances of being in an accident. It’s unfortunate, but those are the facts.

What You Do
It’s likely time to consider representation. Your options are to represent yourself, use a public defender, or hire a private California DUI lawyer. These are not equal options; you should almost always hire professional counsel instead of defending yourself or using a public defender. Why? A public defender has no time, and you likely lack the legal knowledge to defend yourself.

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Just getting a DUI is bad enough. You went through the process, you paid the fines, your license was suspended, you had jail time, and received probation. However, studies have pointed out most drivers who lose their license, often because of a drinking and driving or other DUI related offense, continue to drive. It’s actually quite common. This does not make it safe to do so. In some cases, there may be confusion on when you can’t drive and for how long. But one question we often hear is, why? Why lose your license for a DUI, especially if you feel the DUI was wrong?

Why Your License Is Suspended
It may seem obvious, but by drinking and driving or using drugs (illegal and sometimes legal), you were endangering other drivers. Just like any mistake, it comes with consequences. It may be impossible for you not to drive. You may have no other way to get to work. You may have a medical condition. You may be nowhere near a bus station. How can you get out of this jam? You can fight the DUI in the first place. It’s possible to successfully defend a DUI. Otherwise, by driving, you face severe penalties. There is no easy solution to give.

How long can’t you drive?
Quite often in your first DUI case, the suspension is for one year. For multiple DUI violations or if you are caught driving on a suspended license, the penalty can be several years. This all depends on the nature of your case. For example, if you were involved in an accident, and hurt someone because of your driving, your suspension can be much longer. If you’ve received multiple DUI violations, you may face felony charges and therefore your license is suspended for longer periods.

What penalties do you face?
If you drive on a suspended license and are pulled over, you will be arrested and taken to jail. In most cases, you can post bail and leave. You will have another day in court and likely will face fines and extended jail time.

How do you get help?
If you lost a DUI case and kept driving on a suspended license, you still need a lawyer. Actually, there are some defenses for you to consider. You may have been unaware of how the laws worked. It may be a simple clerical error where you never received notice.

In cases where you were told of the suspended license, you likely think a lawyer is inconsequential. In any case this serious, you still need legal representation. You may face extended time in jail. On the other hand, there may be mistakes in the case; but you won’t know unless you have a lawyer to defend you.

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A DUI or driving under the influence arrest can be overwhelming. You are probably wondering what you should do next or how much it will cost you. Maybe you have been arrested multiple times for DUI and you are scared it may affect your employment or you may lose your Seattle license. It is time to call a Seattle DUI lawyer. Seattle DUI attorneys can answer all or your DUI questions and organize your DUI defense.

DUI lawyers in Seattle have handled hundreds of DUI cases from DUI misdemeanors to DUI felonies. Most criminal defense lawyers in Seattle offer a free initial consultation to review your DUI charges and determine whether or not they can help you. Many drivers think it is best to plead guilty and move forward, and it may be, but it is always a good idea to make sure you understand the legal ramifications of a guilty plea.

Seattle DUI lawyers are professional and knowledgeable about Seattle DUI laws, and they can help through every step of the DUI process. What penalties do you face? Will you lose your Seattle driver’s license? Call a Seattle DUI criminal defense lawyer and find out.

Seattle DUI Laws

Seattle drivers, who are arrested with a BAC or blood alcohol concentration of 0.08% or higher, can be charged with DUI. Seattle drivers who are under the age of 21 and have a BAC of 0.2% can also be charged with DUI. Consuming less than the legal limit of alcohol does not necessarily mean a driver will not be arrested for DUI. Drivers who have consumed alcohol and can not operate a motor vehicle safely may be considered “under the influence” and can be arrested.

Penalties for DUI in Seattle

DUI penalties in Seattle can vary depending on the criminal record of the driver or if there are any aggravating circumstances such as severe injury or death. Talk to a Seattle DUI lawyer about the details of your DUI case. General DUI penalty information is provided below:

First DUI Conviction in Seattle

(With in 7 years)

• Seattle drivers are required to stay 1 day to 1 year in jail or may instead be confined 15 days to 30 days with at home electronic monitoring.

• Seattle drivers may be required to pay fines of $823 to $5,000.
• Seattle courts may suspend a driver’s license for 90 days to 1 year with a 5 year probationary license.
• The courts may require Seattle drivers to install an Ignition Interlock Device.
• The courts may require Seattle drivers to complete an alcohol evaluation and potential alcohol treatment program for up to 2 years.

Seattle DUI penalties may become more severe for drivers who have a BAC of 0.15% or higher or if a driver refuses to submit to a chemical test.

Second DUI Conviction in Seattle

(With in 7 years)

• Drivers must spend 30 days to 1 year in jail or the court may allow 60 to 90 days at home with electronic home monitoring.
• Seattle drivers must pay fines of $1,078 to $5,000.
• The courts require a license suspension for 2 years to 900 days followed by a 5 year probationary license after the driver’s Seattle license is reinstated.
• The courts may require monitored probation for up to 5 years.
• Drivers may be required to install an Ignition Interlock Device on their vehicle for 1 year.
• The courts may require a driver to take an alcohol evaluation and potential alcohol treatment program for up to 2 years.

Third DUI Conviction in Seattle

(With in 7 years)

• Seattle drivers are required to stay in jail for 90 days to 1 year, or the courts may allow 120 to 150 days of electronic home monitoring.
• Seattle drivers are required to pay fines of $1,928 to $5,000.
• The courts can suspend a driver’s license for 3 to 4 years. The driver may have a probationary license for 5 years after their driver’s license is reinstated.
• Drivers may have to serve 5 years of monitored probation.
• Drivers may be required to install an Ignition Interlock Device for 1 to 10 years.
• Drivers must take an alcohol evaluation and potential alcohol treatment program for up to 2 years.

Hiring a Seattle criminal defense attorney

What does a Seattle DUI lawyer do for you? They can answer all of your DUI questions, investigate the DUI case and determine what options are best for you. DUI attorneys also file motions and discuss your DUI case with the prosecuting attorney. Can they guarantee your DUI charges are dropped or reduced? No, but they can provide the best chance you have to get a great DUI defense. Do not try to fight DUI charges alone. Let a DUI attorney do the work for you.

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It seemed like the end of the world when you were pulled over after having some drinks, then the handcuffs came, and you ended up in a jail cell. The arrest may have been quite different. You may have had just one drink but were under age. You may have in fact had nothing to drink, but took a legal prescription drug. There are many complexities to a DUI charge. Just because you fail a blood alcohol test (BAC) does not mean you are necessarily guilty. In fact, with some evidence, you can win in court. How? This guide shows you.

The Basics of DUI Defense
You need a lawyer no matter if you feel guilty or not. Too many simply take the charges, pleading guilty because of a few drinks. There is quite often much more to a DUI case than just having some drinks and driving. Yes, it is wrong to do so. Drinking and driving is very dangerous and that’s why those who do so are penalized. However, there is more to the laws than clear guilty and not guilty verdicts.

Proof Your Guilty
The basic test states use is the breathalyzer test. Though sometimes inaccurate, it’s the best on-site test for BAC that an officer has. It can generally prove your guilty. If you also fail a sobriety test – such as walking in a straight line or counting back numbers – it’s less damaging. If you also fail a blood test, the most accurate of all BAC tests, you are likely guilty of something, but still have a case for defense.

Prove Your Innocent
BAC tests are not always accurate; blood tests are the most accurate. Breathalyzer tests can hold in court, but officers often enough fail to use the device correctly. The breathalyzer is usually accurate, but it must be used correctly by the officer. It can be disproved in court. Now, on the other hand, you may have been drinking and driving under age. If you have any level of alcohol in your blood – even as low as .01 in some states – you can be charged. That’s a very low number to test for, and a blood test is most accurate. Your defense can be based on the fact the BAC tests were used incorrectly, that you were treated inappropriately by the officer, that the officer never told you your rights or your options when it came to sobriety tests, and many other defenses. You need a lawyer in any DUI case, no matter if you feel guilty or not.

How Effective Are BAC Tests?
BAC tests are subject to human error. A defense can sometimes prove, with an expert, that the tests were used incorrectly. Also, it’s not as easy as it sounds to use a breathalyzer. If it can be proven that the officer botched the test, using it incorrectly, you have a clear defense.

BAC tests are supposed to prove guilt. In fact, sometimes they prove innocence. If you’re unsure of a defense based on the validity of a BAC test, contact an experienced DUI lawyer.

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California drunk driving laws define “driving under the influence” or DUI as being “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. San Jose drivers can also be arrested if they are operating a motor vehicle with a BAC (blood alcohol concentration) of 0.08% or higher. San Jose drivers under the age of 21 can be arrested and charged with DUI if their BAC is 0.02% or higher. Drivers with a BAC over the legal limit do not have to show signs of mental or physical impairment to be arrested. San Jose police officers can establish probable cause for a driver’s arrest through observation, chemical tests (blood, breath or urine) or through a field sobriety test.

Hiring a San Jose DUI Lawyer

Drivers who are arrested for DUI must be proven guilty beyond a reasonable doubt. If the arresting officer did not have probable cause to stop the driver or the chemical test was not performed properly, the evidence can be challenged. DUI law can be complicated, and it is important to find a California criminal defense lawyer who specializes in defending DUI cases. A San Jose DUI attorney can help any driver who has been arrested in Santa Clara County or through out Northern California. Does the California attorney you are considering have the right experience, knowledge and training to defend you against your DUI charge? You do not have to fight this charge alone; San Jose DUI lawyers can help.

San Jose DUI penalties

First DUI Conviction in San Jose

San Jose drivers can receive a variety of penalties for their first DUI arrest including:

·         Required jail stay for a minimum of 48 hours

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1400 – $1800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days. The court may allow certain fines to be discharged by performing community service

·         The courts will require the San Jose driver to complete a 3-6 month drug and alcohol program

·         The San Jose driver’s license will be suspended for 10 months but the court may allow a restricted license for travelling to work or school

Second DUI Conviction in San Jose

·         Required jail stay for a minimum of 96 hours

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1800 – $2800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days.

·         The courts will require the San Jose driver to complete a 18 month drug and alcohol program

·         A driver’s license will be suspended for 18 months but the court may allow a restricted license for travelling to work or school after 12 months

Third DUI Conviction in San Jose

·         Required jail stay for a minimum of 120 days

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1800 – $2800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days.

·         The San Jose driver’s license will be suspended for 18 months to 3 years

·         The San Jose driver must install an Ignition Interlock Device on their car

If you have been arrested for DUI in San Jose, California, it is important to find a San Jose DUI lawyer who can help you establish a successful defense against your drunken driving charge. No DUI attorney can guarantee success, but choosing a skilled and knowledgeable DUI lawyer is the first step to protect your self. Do not plead guilty with out consulting a San Jose DUI attorney and finding out what DUI penalties you may receive and the legal defenses which may be available to you.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

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