FREQUENTLY ASKED QUESTIONS ABOUT A DUI
I have been arrested for a DUI in Kern County, now what?
Once a person has been arrested for a DUI the clock starts ticking in terms of
protecting your drivers license. If you have been given a notice of suspension(a pink
piece of paper) then you have only ten calendar days to request a hearing to save
your license. This action is completely separate from the Court date the person was
given at the time of his or her release from jail. The Court no longer has anything to
say about a person's driving privilege in California, this decision is left to the exclusive
control of the DMV. A License Suspension Hearing must be requested.
I do not have a California License, should I care about the DMV
notice of suspension?
Yes, if you have a license in another state or desire to drive in California. What is
suspended is the person's privilege to drive in California. This means that even if you
have a license in another state you will not be able to drive in California if the State
suspends your privilege. In addition, if you intend to get a license in California, you will
be prevented from doing so if you take no action to prevent the suspension. With
regard to out of state drivers, if California suspends your privilege here, you may also
be suspended in your home state under a theory of reciprocity under the Interstate
Compact Agreement.
The officer did not read me my rights can you get the charges
dismissed?
A person does have a fifth amendment right against self incrimination and the Courts
have held that if a person is interrogated while they are in custody they shall be
advised of their right to remain silent, and their right to an attorney. However, the
issue often is whether the person was "interrogated" and if so whether they were "in
custody" at the time. Recent case law has created exceptions to the Miranda Rule as
it relates to roadside questioning relating to a traffic stop and DUI investigation. The
bottom line is that Miranda Rights are usually not required in a typical DUI stop and
criminal arrest and even when they are, the remedy for a violation of the rule is simple
suppression of the statement-not dismissal of the case.
I did have something to drink and then drove, doesn't this mean I am
guilty of DUI ?
Not always, the law states that the person must have been impaired by the alcohol at
the time the driving occurred or be above the legal limit. Typically a person drinks but
is not above the legal limit or impaired even though they have alcohol in their system
and on their breath. Another situation is when the person was drinking was recent to
the stop and their blood alcohol was rising after the stop, this can create a defense to
DUI.
Why am I being charged with DUI if I did not drink, I only smoked a
little marijuana?
In California DUI includes drugs as well as alcohol. Suspicion of driving while under the
influence of drugs, including marijuana, may be proper grounds for a charge of DUI.
However the problem associated with marijuana ingestion and DUI is that the level at
which a person is impaired is not commonly agreed upon in the scientific community.
Also, smoking marijuana hours or even days earlier can still show up in a person's
system yet not be affecting their ability to drive at the time they were arrested.
If the Police officer does not show up at my initial court date will my
DUI charges be dismissed?
No, a DUI is a misdemeanor not a traffic infraction. The initial court date is an
arraignment and the police officer will not be present. In fact the police officer may
never be present during the court proceedings until the date of trial if any.
Is it true that a person should refuse to take the chemical test?
No, absolutely not. You should usually never refuse to take a chemical test in
California. A refusal to take a blood or breath test could result in the automatic 1-year
suspension or two year revocation of your driver's license even if the DUI charge is
dismissed. And if convicted a refusal can result in increased penalties including jail
time. Also, the refusal can be introduced into evidence as "consciousness of guilt" of
having too much alcohol in your system. However, this can be refuted by your defense
attorney both in Court and at the DMV. This doesn't mean that a person has "no
chance" to save their license, defenses exist to refusal charges and most experienced
DUI Attorneys can argue exceptions to the refusal charge.
If I live outside of Kern County do I need to be present to defend my
DUI case?
No, Many of our clients reside out-of-state our live outside of Kern County but
sustained a DUI arrest while visiting Kern County California. As long as you are
charged with only misdemeanor DUI, we can (in most cases) represent you and
resolve your case without you having to come here for Kern County Court
appearances. This also applies in cases where a person may have missed their Court
date and have a warrant or a hold on their driver's license. Two exceptions exist. First,
if your case goes to a jury trial, you may need to be present. Although judges will
sometimes allow DUI defendants to waive their appearance (even at trial), it is much
easier for a jury to convict someone they've never seen. Second, we may need your
testimony at a pre-trial hearing to contest the traffic stop or arrest. If traveling here is
logistically difficult, we will do everything we can to avoid making it necessary.
Once a person has been arrested for a DUI the clock starts ticking in terms of
protecting your drivers license. If you have been given a notice of suspension(a pink
piece of paper) then you have only ten calendar days to request a hearing to save
your license. This action is completely separate from the Court date the person was
given at the time of his or her release from jail. The Court no longer has anything to
say about a person's driving privilege in California, this decision is left to the exclusive
control of the DMV. A License Suspension Hearing must be requested.
I do not have a California License, should I care about the DMV
notice of suspension?
Yes, if you have a license in another state or desire to drive in California. What is
suspended is the person's privilege to drive in California. This means that even if you
have a license in another state you will not be able to drive in California if the State
suspends your privilege. In addition, if you intend to get a license in California, you will
be prevented from doing so if you take no action to prevent the suspension. With
regard to out of state drivers, if California suspends your privilege here, you may also
be suspended in your home state under a theory of reciprocity under the Interstate
Compact Agreement.
The officer did not read me my rights can you get the charges
dismissed?
A person does have a fifth amendment right against self incrimination and the Courts
have held that if a person is interrogated while they are in custody they shall be
advised of their right to remain silent, and their right to an attorney. However, the
issue often is whether the person was "interrogated" and if so whether they were "in
custody" at the time. Recent case law has created exceptions to the Miranda Rule as
it relates to roadside questioning relating to a traffic stop and DUI investigation. The
bottom line is that Miranda Rights are usually not required in a typical DUI stop and
criminal arrest and even when they are, the remedy for a violation of the rule is simple
suppression of the statement-not dismissal of the case.
I did have something to drink and then drove, doesn't this mean I am
guilty of DUI ?
Not always, the law states that the person must have been impaired by the alcohol at
the time the driving occurred or be above the legal limit. Typically a person drinks but
is not above the legal limit or impaired even though they have alcohol in their system
and on their breath. Another situation is when the person was drinking was recent to
the stop and their blood alcohol was rising after the stop, this can create a defense to
DUI.
Why am I being charged with DUI if I did not drink, I only smoked a
little marijuana?
In California DUI includes drugs as well as alcohol. Suspicion of driving while under the
influence of drugs, including marijuana, may be proper grounds for a charge of DUI.
However the problem associated with marijuana ingestion and DUI is that the level at
which a person is impaired is not commonly agreed upon in the scientific community.
Also, smoking marijuana hours or even days earlier can still show up in a person's
system yet not be affecting their ability to drive at the time they were arrested.
If the Police officer does not show up at my initial court date will my
DUI charges be dismissed?
No, a DUI is a misdemeanor not a traffic infraction. The initial court date is an
arraignment and the police officer will not be present. In fact the police officer may
never be present during the court proceedings until the date of trial if any.
Is it true that a person should refuse to take the chemical test?
No, absolutely not. You should usually never refuse to take a chemical test in
California. A refusal to take a blood or breath test could result in the automatic 1-year
suspension or two year revocation of your driver's license even if the DUI charge is
dismissed. And if convicted a refusal can result in increased penalties including jail
time. Also, the refusal can be introduced into evidence as "consciousness of guilt" of
having too much alcohol in your system. However, this can be refuted by your defense
attorney both in Court and at the DMV. This doesn't mean that a person has "no
chance" to save their license, defenses exist to refusal charges and most experienced
DUI Attorneys can argue exceptions to the refusal charge.
If I live outside of Kern County do I need to be present to defend my
DUI case?
No, Many of our clients reside out-of-state our live outside of Kern County but
sustained a DUI arrest while visiting Kern County California. As long as you are
charged with only misdemeanor DUI, we can (in most cases) represent you and
resolve your case without you having to come here for Kern County Court
appearances. This also applies in cases where a person may have missed their Court
date and have a warrant or a hold on their driver's license. Two exceptions exist. First,
if your case goes to a jury trial, you may need to be present. Although judges will
sometimes allow DUI defendants to waive their appearance (even at trial), it is much
easier for a jury to convict someone they've never seen. Second, we may need your
testimony at a pre-trial hearing to contest the traffic stop or arrest. If traveling here is
logistically difficult, we will do everything we can to avoid making it necessary.
Bakersfield DUI Lawyers Disclaimer: The DUI Defense, Drunk Driving, DMV Drivers License Suspension, Driving
Under the Influence, Driving While Intoxicated or other DUI defense information presented at this site should not be
considered formal legal advice nor the formation of a lawyer or attorney client relationship. Any Case results set
forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a
Kern County DUI lawyer or attorney for a free initial consultation. This web site is not intended to solicit clients for
matters outside of the State of California.
Any advice on this Bakersfield DUI Law Web page is general in nature and not designed for specific cases of drunk
driving, DUI, DWI, driving under the influence of alcohol, driving under the influence of drugs, driving while
intoxicated, felony DUI, felony drunk driving, manslaughter, vehicular manslaughter, or other related criminal or civil
matter. The situation can involve very different laws, facts, penalties and procedures. You should always obtain
legal representation and advice from a competent criminal defense attorney, experienced in drunk driving defense,
who is familiar with the facts (symptoms of intoxication, field sobriety tests, blood alcohol tests, possible penalties,
possible defenses, prior convictions, driver's license suspension ramifications, etc.) unique to your DUI case. No
Attorney can promise any particular case results in any given case.
Under the Influence, Driving While Intoxicated or other DUI defense information presented at this site should not be
considered formal legal advice nor the formation of a lawyer or attorney client relationship. Any Case results set
forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a
Kern County DUI lawyer or attorney for a free initial consultation. This web site is not intended to solicit clients for
matters outside of the State of California.
Any advice on this Bakersfield DUI Law Web page is general in nature and not designed for specific cases of drunk
driving, DUI, DWI, driving under the influence of alcohol, driving under the influence of drugs, driving while
intoxicated, felony DUI, felony drunk driving, manslaughter, vehicular manslaughter, or other related criminal or civil
matter. The situation can involve very different laws, facts, penalties and procedures. You should always obtain
legal representation and advice from a competent criminal defense attorney, experienced in drunk driving defense,
who is familiar with the facts (symptoms of intoxication, field sobriety tests, blood alcohol tests, possible penalties,
possible defenses, prior convictions, driver's license suspension ramifications, etc.) unique to your DUI case. No
Attorney can promise any particular case results in any given case.
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