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Article – Did You Know?

Article – Did You Know?

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.

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