A DUI arrest in California can lead to a criminal case and a separate DMV proceeding that affects your driving privileges. Questions about chemical testing, license suspension, potential penalties, and possible defenses can arise quickly after an arrest.
Below, we answer some of the most common questions about California DUI cases.
What Happens Immediately After a DUI Arrest in San Jose or Redwood City?
After a DUI arrest, police may take you to a station, jail, hospital, or another facility for chemical testing and processing. Depending on the circumstances, you may be booked into jail or released with instructions to appear in court.
A DUI arrest can also trigger a separate California DMV process involving your driving privileges. The criminal court case and DMV proceedings are separate, so resolving one does not necessarily resolve the other.
Because these proceedings operate on separate timelines, you may need to address your license before your first criminal court appearance.
Will I Lose My Driver’s License After a DUI Arrest?
You may face a driver’s license suspension after a DUI arrest, but losing your driving privileges is not necessarily automatic or permanent.
If you are accused of driving with a BAC of 0.08% or higher, you generally have 10 days after receiving notice of the suspension to request a DMV administrative hearing. Requesting a hearing can allow you to challenge the suspension and may postpone it while the challenge is pending.
A DUI conviction can result in separate consequences for your driver’s license.
Do I Have to Take a Breath or Blood Test During a DUI Stop?
It depends on the type of test and when it is requested. Most adult drivers who are not on DUI probation can decline a preliminary alcohol screening breath test administered before arrest.
After a lawful DUI arrest, California’s implied-consent law (VEH § 23612) requires drivers to submit to a chemical test of their breath or blood to determine alcohol content. Refusing a required post-arrest chemical test can result in additional driver’s license consequences and may affect the criminal case.
Different rules can apply to drivers under 21 and people on DUI probation. If a chemical-test refusal or disputed test result is part of your case, we can review what occurred and determine how it may affect the charges and your driving privileges.
What Are the Penalties for a First-Time DUI in California?
A first DUI without aggravating circumstances is typically a misdemeanor. A conviction can carry:
- Fines and assessments
- DUI education requirements
- Probation
- Possible jail time
- Driver’s license consequences
- Installation of an ignition interlock device in some circumstances
The exact penalties can depend on the facts of the case. A high BAC, an accident, excessive speeding, or having a child under 14 in the vehicle may affect the sentence.
Is a DUI a Felony in California?
Most first-time DUI offenses are misdemeanors, but a DUI can be charged as a felony in certain circumstances.
Felony charges may apply when a DUI causes serious injury or death. A DUI may also be prosecuted as a felony when the defendant has three or more prior qualifying DUI convictions within the applicable 10-year period or has a prior felony DUI conviction.
The circumstances of the current arrest and the defendant’s prior record can therefore significantly affect the severity of the charge.
Can DUI Charges Be Reduced or Dismissed?
Yes, DUI charges can sometimes be reduced or dismissed, but the result depends on the evidence and circumstances of the case.
Problems with the traffic stop, chemical testing, police investigation, or the prosecution’s evidence may affect whether the state can prove the charge. In some cases, negotiations may result in a reduced charge, such as reckless driving involving alcohol, commonly called a “wet reckless.”
Ahmed & Sukaram, Criminal Defense Attorneys, handles DUI cases in San Jose, Redwood City, and throughout California. We have successfully defended over 50 trials. Our owner, Nafiz Ahmed, is a California State Bar Certified Specialist in Criminal Law.
What Defenses Can Challenge DUI Test Results?
A breath or blood test result does not automatically prove that someone committed DUI. Depending on the evidence, a defense may challenge issues such as:
- Improper breath-testing procedures
- Problems with the calibration or operation of testing equipment
- Blood sample collection, storage, or handling
- Contamination or fermentation of a blood sample
- Medical conditions or other factors that may affect test results
- Whether the test accurately reflects the driver’s BAC at the time of driving
- Whether police complied with applicable testing requirements
Field sobriety test results may also be challenged. Fatigue, footwear, physical conditions, uneven pavement, and the way an officer administered the tests can affect a person’s performance.
Contact Ahmed & Sukaram, Criminal Defense Attorneys, to Schedule a Confidential Consultation With a California DUI Attorney
A California DUI case can involve criminal charges, driver’s license consequences, chemical-test evidence, and penalties that vary based on your record and the circumstances of the arrest. Knowing which issues apply to your case can help you determine what to address as the case moves forward.
If you have been arrested for DUI, Ahmed & Sukaram, Criminal Defense Attorneys, can review the evidence and determine what defenses or other options may be available. With more than 30 years of combined criminal defense experience, our attorneys can address both the criminal allegations and the issues that may affect your driving privileges.
Call us today at (408) 217-8818 to schedule a confidential consultation with a California DUI lawyer.