Los Angeles DUI Lawyer Blog

Every driver arrested on suspicion of driving under the influence of alcohol or drugs in California with a blood alcohol level of .08% or greater, or those refusing to take a chemical test by a peace officer, face suspension of their driving privileges between four months on a first offense DUI, to three years for a third offense.

Every driver arrested on suspicion of driving under the influence with a .08 or over, or those refusing to take a blood-alcohol test are all subject to the Department of Motor Vehicles commencing immediately allow action to suspend your driving privilege. This action which is called an administrative per se suspension proceeding gives notice to drivers of the departments intent to suspend a driver's license as a result of their arrest.

For over 10 years the Legislature has enacted what is commonly referred to as a stop and snatch law. This law authorizes police officers to physically snatch or take a DUI suspects Drivers License and forward it to the DMV to commence suspension proceedings.

A temporary drivers license is issued to the driver which contains important notice about DMV laws and procedures including the most important which is the requirement drivers request a hearing within 10 days of the date of arrest to contest the impending suspension action.

A DUI and DMV attorney can protect your valuable drivers license from being suspended. There are many legal and procedural defenses which are attorneys use to fight the DMV every day and save our clients freedom to drive.

The decision to suspend or not suspend your drivings license is based uopn whether the police had probable cause to stop you and whether you had a BAC (Blood Alcohol Level) of .08% or more. An experienced Dui And DMV Specialist can fight the DMV to save your license.

The police start building a case from the moment they first see a vehicle that draws their attention. Officers are required to have probable cause to stop a vehicle. In a DUI case that usually means that the officers must observe one or more Vehicle Code violations like speeding, lane straddling, talking on your cell phone, following too close, seatbelt violations, failing to stop for a stop sign or light and other similar violations.

Although my clients often question or disagree with the police officers observation of a violation, one is required for a valid stop. Most people aren't aware that one of the guidelines that the police use to determine a drivers impairment is their ability to promptly produce their drivers license, insurance and registration. A drivers response to this request is frequently a source of the officers observation of impairment by the driver.

Having practiced as a DUI Specialist for over 30 years, I have become increasingly aware of my client's misunderstanding of the law regarding what is required,and what is not required by a driver stopped on suspicion of driving under the influence.

The law does not require a driver stopped on suspicion of driving under the influence to answer questions asked by an officer, other than to provide personal information regarding their identity, address, and drivers license, registration and insurance information. Once a criminal investigation has focused on an individual suspect, they have a constitutional right to remain silent and not make statements that may incriminate themselves. Unfortunately, many drivers during a police investigation make statements that unnecessarily worsen their situation and help the officers build a stronger case against them.

The law also does not require a driver in this situation to admit to drinking or using drugs. There is no reason to make such admissions regardless of whether that is true or not. Suspected DUI drivers are frequently asked by officers to submit to a Preliminary ar Alcohol Screening Test at the scene of the stop. This test is not required by law and eventhough most of my clients feel that they would pass these tests, that is often not the case. This also builds further evidence as to the level of alcohol in the driver's bloodstream.

Statements indicating that you're coming from a bar or nightclub also are not necessary. Clients often feel that the Field Sobriety Tests or coordination tests will prove to the officers that you are not impaired. Client rarely pass these difficult and challenging coordination tests and it provides the officers with additional confirmation of the drivers impairment.These tests are also not required by law and therefore we would not recommend drivers in this situation providing officers additional opportunities to build a sronger case against you.

When a driver is stopped on suspicion of driving under the influence, the Law in
California DOES require a driver to submit to a Breath or Blood Test to determine the alcohol content in their bloodstream. This is a legal requirement and failure to complete one causes greatly increased penalties, including mandatory jail time and a much longer period of License Suspension. In our experience a Breat Test is preferable to a Blood Test since it is somewhat less reliable.

Be polite, respectful and cooperative with the police. Don't engage in a conversation, but merely answer those questions and do those things as outlined above.

Don't help the police build a stronger case against you. By following these practical tips, you can really help the police build a weaker case. Know your legal rights and protect yourself by excercising your Constitional Rights !!!

Have you ever heard the saying... you don't really appreciate something until it's gone. You soon realize that having your drivers license suspended by the Department of Motor Vehicles immediately shakes your world. When you realize that having a drivers license is a privilege, not a right. The three most common ways my clients qualify for the drivers license to be suspended are:

1. DUI and having a blood alcohol level of .08% or more.
2. Being determined by the Department of Motor Vehicles to be a negligent driver by being convicted or pleaded guilty to violations that result in your getting four points in a 12 month period or six points within a 24 month period.
3. Failing to appear for a traffic violation or other traffic related misdemeanor.
4. Failing to pay your fines or fees to the court for a traffic violation or other traffic related misdemeanor after promising to do so.

Promptly hiring an experienced traffic court lawyer who specializes in clearing up or avoiding the DMV suspensions can prevent your valuable drivers license from being suspended or revoked.

Each of the above categories which may have caused a license suspension require different skills and procedures for clearing them up and creating an opportunity for our clients to have their driving privileges fully reinstated.

Tearing up the above issues in a timely fashion can avoid jail time, costly and greatly increase fines and preventing the loss of that all too important drivers license which gives us the freedom to live and work in California.