Did You Know?
Facts about California DUI, Blood Alcohol testing and limits, and the Department of Motor Vehicles
- That DUI arrests trigger two different cases: The court case and the DMV Hearing (if you request on in time).
- That you must request a DMV Hearing within 10 days of your arrest, or else you automatically lose!
- That body temperature can affect the breath test results.
- That Field Sobriety Tests are optional. If you took them, it’s only because you consented to do so.
- That blood samples can ferment, and create artificially high alcohol readings.
- That a DUI conviction will cost you more than $10,000 over the next three years.
- The court could order you to have an ignition interlock device installed in your car.
- That there are alternatives to mandatory jail sentences, such as electronic monitoring and community service
- That if you hire lawyer, in most cases the lawyer can appear in court for you while you go about your normal everyday life.
- If you have a license from another state, you still must request a DMV Hearing within 10 days, or your home state will suspend your license too.
- If you’re under 21, you face losing your license for a full year from both the court and the DMV.
- Each shot of liquor, glass of wine, or mug of beer raises your BAC an average of .02%.
- It takes one hour for each standard drink to be "burned off" or eliminated from your body.
- If you refuse to take a blood or breath test after you’ve been arrested, the DMV will try to suspend your license for a minimum of one full year, with no chance for a restricted license.
- That effective January 1, 2005 the DUI "lookback" period was changed from 7 years to 10 years. This means that if you were arrested for DUI ten years ago (or less), you are now facing a second-offense DUI.
- You will be required to file an SR-22 if you lose your DMV Hearing, or get convicted of a DUI in criminal court.
- Only people arrested for DUI need an SR-22. It tells your insurance carrier to look at your record a little closer.
- An SR-22 can be filed by any insurance company; you are not limited to the one that writes your auto insurance.
- There are different DUI schools that are required, depending upon whether you are convicted of a first-offense, second-offense, or third-offense DUI.
- There is no requirement to complete a DUI school if your case settles for a "wet-reckless" or better.
- Not all DUI arrests result in DUI convictions. Many settlement alternatives area available.
- You have the right to a jury trial in a DUI case.
- To be convicted at trial, all 12 jurors must be convinced of your guilt beyond a reasonable doubt. If even one juror votes in your favor, you cannot be convicted.
- According to the breath machine manufacturer, there is a margin of error in breath-testing equipment.
- The arresting officer is required to continuously observe the subject for the fifteen minutes before the breath test, to make sure the subject doesn’t burp!
- The legal limit used to be .15 before it was dropped to .10 and then reduced again to .08.
- When someone is arrested for driving under the influence of alcohol, they are offered a choice of a blood or breath test. If arrested for driving under the influence of drugs, they are offered a choice of a blood or urine test.
- Most car rental companies won’t rent to someone with a pending DUI case. Your best bet is with a small "mom-and-pop" car rental company, and not the big-name national chains.
- That a tongue-piercing can cause an inaccurate breath test reading by trapping alcohol in the mouth.
- In California, your Field Sobriety Test results are not objectively scored, but are merely the arresting officer’s opinion.
Contact the Law Offices of Shelley D. Dwyer by email or calling
650-367-8500 and schedule an appointment (usually available the same day), or fill out an online contact form.