DUI Frequently Asked Questions
If you have been arrested for DUI (driving under the influence), you may have many questions and concerns. Of course, you are welcome to contact a Los Angeles DUI attorney at Kestenbaum, Eisner & Gorin, LLP, but we have also included some frequently asked questions regarding DUI that we hope you find helpful.
What can I do if I’m arrested for DUI? The most important thing to remember, if you have been arrested for DUI in California, is that you have the same rights as if you were arrested for any crime. You have the right to remain silent, and you have the right to an attorney. Make sure you use those rights! Contact a DUI defense lawyer who can protect your rights, and don’t make any incriminating statements or submit to police questioning.
What is the legal limit in California? In California, if you are found to be driving with a blood alcohol level of .08% or above, you are considered to be driving under the influence and will likely be charged with DUI.
If I am involved in an accident while driving under the influence, will I face harsher penalties? Most likely, you will face harsh penalties if you are involved in an accident while DUI. The severity of these penalties will depend upon whether anyone was injured in the accident and how much property damage was caused.
Will I lose my license? This will depend upon your specific circumstances. There is usually, however, a great possibility that you will lose your license. Additionally, if you are convicted for DUI you will face license suspension for a specified time period, depending upon your charges. By working with a DUI lawyer you may be able to avoid losing your license altogether.
Do I need to contact the DMV after my DUI arrest? Yes. You or your DUI attorney has 10 days to contact the California DMV (Department of Motor Vehicles) after you have been arrested for DUI. If you fail to do this, you will automatically lose your license on the 30th day after your arrest.
Are blood alcohol tests voluntary, or do I need to submit to them? Technically, you can refuse to take a
blood or
blood test which is used to determine your blood alcohol concentration. However, your refusal to take the test will result in the automatic suspension of your license and may be used as an admittance of guilt in your DUI case. This is covered under California’s
implied consent law.
Do I need to submit to field sobriety tests? No, field sobriety tests are voluntary.
What if I am under 21? Do different rules apply for DUI? California observes a “zero tolerance” law regarding drivers who are under the age of 21. Their blood alcohol concentration must be below .01% in order to legally operate a motor vehicle.