Penalties for a DUI are more severe than many felony offenses. Many laws dealing with driving under the influence of alcohol, marijuana and drugs can be very complex. Make sure to hire a DUI defense attorney that is experienced to handle your criminal offense and DMV license suspension. Contact or visit the Law Offices Taylor & Taylor, we are here to protect you.
After being pulled over for driving recklessly or being stopped at a DUI checkpoint, the officer will start asking questions without even giving you the Miranda warning or the right to an attorney. These remarks can later be used against you, called “incriminating statements.” At that moment in time the officer may request a breath test to be taken along with many field sobriety tests, even though the field sobriety tests are not required by law.
Once arrived at the police station, the individual must take either the breath or blood test. If the individual is not compliant, the law can automatically suspend your license or increase jail time. If the breath test is over .08%, the officer will take away the drivers license and then issue a “Notice of Suspension” form.
Make sure to schedule your administrative hearing within 10 days from the time of your arrest. If not scheduled within the 10 days, the individual will loose the right to a hearing and possibly any chance to have the suspension set aside.
Four months for a first offense, the license will be suspended on average for about four months. Suspension begins 30 days after the arrest, if the hearing has been lost, when notified by mail. The suspension is for one year if a chemical test was refused, the suspension is for one year..
Continuing the course of action, he or she will have to deal with the California drunk driving prosecution in court. The first offense is driving under the influence of alcohol and drugs. The second offense is driving with a blood-alcohol level above .08%. The individual will be charged with two offenses. The penalties are the same but the individual can only be punished with one.
At this point, a DUI defense attorney is highly recommended to proceed with the multiple hearings, the defendant is not required to appear or be present.
A qualified attorney who is experienced with DUI cases and specializes in this complex field is generally ideal to represent individuals facing drunk driving charges.