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California DUI Frequently Asked Questions - FAQs

As California DUI defense attorneys with many years of experience defending clients charged with driving under the influence, we hear a lot of the same questions from them about what to expect, what can happen, and how a DUI can affect their lives. Following is a list of the most frequently asked questions (FAQs) to further our clients’ understanding about DUI charges, DUI penalties and how we defend DUI charges.

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What is a “Wet Reckless” driving conviction?

A “wet reckless” conviction is a lesser traffic offense than a drunk driving or DUI conviction. The penalties for a wet reckless are less severe than a DUI (smaller fines and shorter alcohol program classes), but they are considered a “priorable” offense, which means that if you get another DUI within a ten year period, it will count as a second DUI offense.

Do I have the right to a DUI lawyer while taking a field sobriety test?

No. There is no right to an attorney while taking the FSTs. However, you should immediately request an attorney and do not give any statements to the police. But do not refuse to take a chemical – blood or breath test, as this may result in additional jail time and a driver’s license suspension.

The police said my breath test results were 0.07%. Why did I get a DUI if the law says 0.08%?

An officer can arrest a driver for DUI at any blood alcohol level or with no reference to a blood alcohol concentration (BAC). The driver’s behavior and field sobriety test performance can influence an officer’s subjective decision to make a DUI arrest. However, a blood alcohol level near 0.08%, as with all DUI charges, should be vigorously defended.

What happens if I refuse to take a chemical test?

You will probably receive harsher penalties such as a license suspension for one year instead of four months. You will not be allowed a restricted license for driving to and from work, and a mandatory jail sentence may be handed down with other harsh penalties. A judge or jury may interpret a test refusal as a consciousness of guilt. You must fight this allegation.

If I didn’t drink any alcohol at all but smoked some marijuana, why am I being charged with DUI?

Under California law, DUIs include driving while under the influence of marijuana and other drugs, as well as alcohol.

If the court will assign me a free public defender, why should I pay for a DUI lawyer?

Because the California DUI laws are complex and the DUI penalties are severe, it is wise to consider retaining your own counsel. Our experienced California drunk driving defense lawyers have represented many DUI clients and know how to build a strong DUI defense. We may be able to produce a much better outcome. In addition, in order to have a public defender represent you in court, you must prove that you are unable to afford your own attorney.

What are the penalties for driving under the influence?

Each DUI case is unique due to the many circumstances that can affect the severity of penalties for a DUI conviction. However, a first DUI offense without any “enhancements” usually results in:

• Approximately a $1,700 fine and court costs
• Mandatory enrollment and attendance in a DUI class, (1st offense 3 - 6 or 9 months)
• Up to three years of probation
• A six month license suspension or restriction in addition to a DMV suspension
• Up to six months in jail
• And other penalties which may or may not be handed down

These are just a few of the many frequently asked DUI questions that our experienced California drunk driving attorneys are asked. For specific answers to your questions and more detailed answers to the questions listed above, contact the California drunk driving lawyers at Takakjian & Sitkoff today. Don’t take a chance with your freedom if you have been charged with a DUI! Call the California DUI defense lawyers at Takakjian & Sitkoff for a free consultation.

Please call 1-866-790-3030 for a FREE DUI CONSULTATION!

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