Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « FAQs about San Diego Drunk Driving
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- When San Diego police arrested me for DUI, they took over my driving license. How can I have it back?
In normal cases, an expert San Diego DUI attorney can help you in showing to DMV Officials there was no solid ground for your license suspension or annulment, and it can be returned to you. If you don’t call for an “admin per se” hearing with the DMV within 10 days after your drunk driving arrest, the DMV will give back your driving license at the ending of the suspension term ( i.e. four months if this is your first case), provided you give a 125-USD which is a re-issuance fee and show insurance documents. The reissue fee is 100-USD if you were under 21 when you got arrested for DUI according too San Diego’s Zero Tolerance Law for driving under the influence.
What is the difference between the DMV driving license suspension or cancellation for DUI arrest and the driving license suspension or cancellation brought down by the judge of criminal court during hearing?
The DMV driving license suspension or cancellation received at a DUI arrest is an administrative and civil thing whereas the suspension or cancellation as a result of a conviction in criminal court becomes a criminal penalty.
What are my choices if I’ve been arrested and accused for driving under influence in California?
A DUI arrest in California holds serious significances, and depending upon the conditions, it could also be accused as a felony law-breaking. Your defense choices are to take any private DUI attorney, engage any San Diego Public Defender, or fight back yourself. Your first and foremost priority step should be to get expert and qualified legal representation. You should also know that a DUI conviction will remain your record evermore.
If they took me out over on suspicion of DUI, should I accept to undergo a roadside Field Sobriety Tests?
No. You should courteously refuse. These tests are all voluntary in California. Study has proven that most policemen, when studied in controlled study groups, erroneously appraised that more than 50% of sober drivers were impaired. These tests won’t help you to keep off apprehension if you’ve already evoked the officer’s suspicion that you’re drunk.
Is a Drunk Driving or DUI conviction dealt as a felony violation in California?
In California, a first-time DUI / DWI / Drunk Driving offense is normally taken as a misdemeanor, instead of a felony law-breaking. Felony DUI or Drunk Driving charges normally include DUI with physical harm to some other, Vehicular Manslaughter, or Multiple DUI offenses.
What are police officials seeking after they’ve drew me over and ordered me to come out of my vehicle?
They are searching the odor of intoxicant on your breath, blurred speech, unsteadiness, reeking, glassy, or bloodshot optics, rosy cheeks and face, slovenliness, disorientation, confusedness, bungling, and signs of drinking.
What questions should I inquire before engaging a lawyer to fight back my DUI case?
You should ask your prospective DUI lawyer if he or she specializes and works only on representing DUI and drunk driving related offenses. Ask whether he or she will personally oversee your case and defend you in court. Ask the attorney if he knows the prosecuting attorneys and judges at the court where your case hearing will be carried. You should inquire if the lawyer has ever been disciplined by the State Bar of California. Ask whether he knows well breath testing equipment and chemical test processes. Ask whether he knows about cross examination and method of conducting Standardized Field Sobriety Tests. Ask the attorney what strategy they’ll apply to defend your case.
Why is the California DMV assuming me to be guilty person rather than innocent? Why are they punishing me as I haven’t yet faced court for my DUI charges?
The California DMV holds the right to annul your driving right. The DMV legal proceedings are some of the times regarded as “kangaroo courts”. These proceedings are conducted in an informal venue and headed by appointed, instead of elected, DMV officials contrary to the impartial jury.
What are the possible punishments in California for a DUI or Drunk Driving Conviction?
California DUI penalties normally include monetary penalty like fines, indemnity to victims( in case of accidents) and property, DMV punishments, court charges, lawyer fees, bail expenses, loss of salaries and higher auto insurance premiums, required alcohol and drug abuse treatment costs, vehicle internment or sale as a nuisance, captivity in a jail, annulment, suspension or limitation of your driving rights, placement of a required ignition interlock system in your vehicle, probation, attendance at a victim impact panel, public service, and many others.
This is my second arrest on DUI accusations, and I was also arrested for my first drunk driving charges 12 years ago. The question is will my first DUI conviction be considered as a prior crime?
No. If the intermediate period between your earlier DUI conviction and the second arrest is more than ten years, it won’t be counted as a prior crime. And if the second drunk driving or wet reckless conviction takes place after first DUI or wet reckless conviction within ten years it will be regarded as “prior able” and will be processed as a second offense. The “washout period” or “look-back” period in California, is ten years. If the time period exceeds than ten years the prior conviction will drop off and become “old” and can no more be counted a prior offense or increase penalty.
What can I do to keep other officials from checking my DUI conviction in future? Can I remove my drunk driving offense record from my offense record?
There are some types of cases when you can expunge your misdemeanor California DUI conviction from your criminal record. Moreover, a serious DUI crime can also be deemed as a misdemeanor offense after you’ve fulfilled all the conditions of your penalty and successfully accomplished trial period.
How Can I Win my DUI Case?
First of all engage any qualified and experienced DUI lawyer. An expert and seasoned drunk driving attorney will definitely win your case based on police faults, breath test defenses, blood test defenses, prosecution errors, etc. You can know more by reading How to Win a DUI Case?
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