What you need to know if you are arrested for DUI in San Luis Obispo, Santa Barbara or Ventura.
Your rights
A You have the right to remain silent. Use it. You must comply with certain requirements such as providing your driver’s license and proof of insurance. What you do NOT have to do is tell them whether or not you have been drinking. Where you are going. You have the RIGHT to refuse to do FST’s (Field Sobriety Tests). And you should refuse to do them as they are subjective and open to the Officer’s interpretation. If the officer’s start asking questions, your only response should be “I want to talk to an attorney.”
Searching your Vehicle
Under NO CIRCUMSTANCES WHATSOEVER should you EVER give officers consent to search your vehicle. You have nothing to hide. But is that a good reason to give up your Constitutional Rights? Never.
If you are arrested for a DUI, you will (more likely than not) be thrown in jail and charged with violation of California Vehicle Codes 23152(a) and 23152(b). To simplify the two, the (a) code is driving under the influence while the (b) code is driving with a Blood Alcohol Concentration of 0.08 or above. There are important differences between the two violations. A criminal defense attorney will know the differences and how they will impact your case.
It is important to know that any court proceeding or arrangement is unrelated to your driving privilege! If a police officer takes your license for DUI he is required by law to forward it to the Department of Motor Vehicles . You have 10 days to request a DMV hearing, which a Public Defender will not do for you otherwise your license will be suspended for up to one year for a first offense! Do not delay get representation for the DMV hearing ASAP!
Case Studies
Kathy’s DUI
In a DUI case, we convinced the District Attorney Kathy was not no driving. The District Attorney agreed to dismiss all charges against the Kathy and have her license reinstated. Kathy has no public record of a DUI
Miguel
Miguel was stopped for allegedly weaving across traffic and speeding . Miguel’s eyes were red, watery, glassy and there were ashes in the car. The arresting Officer reported that Mike admitted to that he was under the influence of marijuana while driving. Miguel allegedly failed a field sobriety test.
Our team negotiated with the Prosecutor and the case was reduced from a DUI to a traffic infraction. Miguel now has no DUI on his public record
Testimonials
I thought my career and life were over!
I was arrested for DUI. I thought my goose was cooked. My only hope was to hire the best DUI attorney I could. Thankfully I found Jim and he was able to help save my license and my job!
Steve H.
The team was willing to fight my DUI!
I want to thank you for your attention to detail. I had a prior offense 9 years ago, but this second time could have be a real mess. I was scared and you all helped me get through it.
J. Lopez
