For those that have been arrested for driving under in the influence, the days that come after are filled with many questions and concerns. The best way to get answers to these questions is to contact a DUI Lawyer that can address your specific case issues. Here we have included some of the more frequently asked questions that folks have about a drunk driving arrest in California.
The arresting officer said I was a "Refusal", what does that mean?
Being deemed a refusal has specific consequences for both a person's drivers license and their criminal case. For starters, the DMV will be seeking to suspend your license for a minimum of one year, with no possibility of a work or school restriction. In addition, the Court will impose additional punishment if the person is found guilty of the DUI in Court with a refusal enhancement. A refusal allegation by the arresting officer is not determinative. The person accused of being a DUI refusal has a right to a formal DMV hearing at which time evidence can be presented to establish the person had a legitimate reason to not take a chemical test. Some reasons that have been accepted by the DMV in the past for our clients include confusion induced by the officer, illegal arrest, failure to properly advise the driver of the requirements, violation of constitutional rights, etc.
I was arrested for DUI when I was on Probation in another case, what trouble am I looking at?
First, the DMV will attempt to suspend your license using a lesser standard, .01% vs. .08%, Second, the Court that pronounced sentence on the probation case has jurisdiction to re-sentence you on the probation violation and give you additional jail time or other punishment.
I was charged with a DUI involving cannabis but I have a medical marijuana card, is this a defense?
Vehicle Code section 23152 prohibits driving while under the influence of any drug, legal or illegal. What this means is that the prosecution can pursue a case against any person that is driving while impaired by the substance. Marijuana, while legal to use for those with a medical authorization, can still impair a person's ability to drive and if it is proven that the drug did in fact impair the drivers abilities than a conviction can occur.
These are but a few of the legitimate concerns that people have when they are facing a prosecution for DUI in California, allow our Kern County DUI Attorneys to assist you in your time of need. Contact our law office today for a face to face meeting with an experienced lawyer.