California’s DUI laws can be complex and confusing. In this section, our attorneys break down the rules and explain the process.
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Under the Fifth Amendment to the U.S. Constitution, all criminal defendants–including those charged with driving under the influence (DUI)–have the “right to remain silent” when questioned by police.
This right to remain silent applies whether you:
In fact, in certain situations, law enforcement officers are required to remind you of your right to remain silent (and to hire an attorney) by reading you your “Miranda rights.” So-called Miranda warnings are required in DUI cases when both of the following are true:
Despite the right to remain silent for California DUI defendants, there are some situations in which you may not refuse a request by police. For example, you must display your license and registration and answer questions posed by officers at DUI sobriety checkpoints.
Also, once you have been placed under arrest on suspicion of DUI, you may not refuse to take a DUI blood or breath test. (If you do, you will face additional penalties for DUI chemical test refusal.)
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Some short-term costs of a violation of a DUI law include: three to five years of summary probation, six months to several years in county jail (depending on the specific DUI offense charged), fines and penalty assessments that can total up towards $5,000, and completion of DUI school ranging from three to nine months. Some ...
Under California DUI law, you are currently considered to have given “implied consent” to a DUI chemical blood or breath test if you drive a car in the state. If you refuse to take such a test after being lawfully arrested for DUI, and you are later convicted of DUI, you will face additional penalties ...
A DMV refusal hearing is an administrative hearing conducted by the Department of Motor Vehicles after a person is arrested for DUI and refuses to submit to a chemical test. The purpose of the hearing is for you to try to prevent the DMV from suspending your driver’s license. If you do not request a hearing within 10 ...
When a person is facing conviction for driving under the influence (DUI) of drugs and/or alcohol, their first concern is often how this charge will affect their ability to secure employment. A DUI conviction is a public record, which means that details about this incident will be accessible to employers through a background check. The reality ...