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Practice Area Category: DUI Defense

DUI Arrest? Now What?


In California, Driving Under the Influence (DUI) of alcohol or drugs or both is probably the most prosecuted crime. Getting arrested for a DUI can be scary and you need to talk to an attorney about what your options are. In less than 2 minutes, you can be connected to on attorney to talk about how to keep your license, the defenses that apply to your case , and what possible penalties the judge will consider. Rather than anxiously beat yourself up for an arrest or a night gone wrong, talk to an attorney to tell us what happened so we can give you a personal assessment of what will likely happen in your case.

Everybody gets a DUI. Parents, students, grandparents, professionals, even police officers can get arrested for drinking and driving. It happens to good people. Somehow you’ve found yourself in the back of a police car and you’re on your way to jail. You end up at Glenn Dyer, Santa Rita, the Martinez Detention Facility, or a local CHP office and you find yourself asking where it all went wrong. Was it when you were crossing the bay bridge on the way home? Near Emeryville Ikea where everyone seems to get pulled over? On the 80, 880, 24, or 580 freeway? It doesn’t matter what city you’re in when it happens, getting pulled over and then arrested for driving under the influence (DUI) can be extremely overwhelming and scary. The uncertainty of what will happen with your drivers license or in court can be overwhelming. The reality is that even though your situation may seem “hopeless” especially if you are charged, this doesn’t always mean that you will be convicted as well.

For most DUIs, especially those that don’t involve an accident or great bodily injury, the penalties don’t involve any more jail time and after jumping a few hoops, it’s quite easy to get your license back. It used to be much worse prior to 2019 when people had to wait one whole month to get their license back with the DMV. Each case is different, especially if you have multiple DUI arrests from the past or an accident was involved. The best thing for you to do is get solid advice about what will happen in your specific case. After a 30 minute consultation with Lamano Law Office, you will know what the best case, worst case, and likely scenario is in your DUI.

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Refusing Breathalyzer In California


It is not uncommon for police and prosecutors to get it wrong when it comes to DUI stops and arrests. The law concerning DUI and DUI refusals can be incredibly complex. In navigating your way through this morass of law enforcement privilege and individual legal rights, it is essential to know the facts.

If you have been pulled over for a suspected DUI, you have the right to refuse a breathalyzer. In California, this is an option for drivers who are over 21 and not on probation for a prior DUI offense.

A breathalyzer differs considerably from blood alcohol test. You give consent to the latter by simply operating a vehicle. If you have been driving under the influence, refusing to do a blood alcohol test will lead to an additional charge known as “refusal enhancement”.

You can be charged with an implied refusal if you do not blow into the breathalyzer hard enough or if you are unable to give consent owing to unconsciousness. It is important to understand that you cannot be charged with implied refusal if the officer on the scene administered the test incorrectly or the breathalyzer does not work.

breathalizer-machine

If you have refused a breathalyzer, you will be arrested. However, you should not be arrested, and certainly not charged, if you refused a breathalyzer but consented to some other test. From the moment you were pulled over your arrest was imminent. Depending on the particular surrounding your refusal, it is possible to fight the charge.

Hiring an experienced criminal defense lawyer can help you get the case dismissed under the following circumstances:

  • The officer should not have stopped you in the first place. The Fourth Amendment protects individuals against unlawful search and seizure. If it is found that there was insufficient reason for pulling you over, then your case will be dismissed.
  • The officer did not inform you of your rights concerning the breathalyzer test. Again, you do not have to take a breathalyzer. If the officer who stopped you insisted otherwise, then grounds may exist for charges to be dropped or the dismissal of your case.

As you can see, the law is not so straightforward when it comes to DUI and DUI refusals. There are plenty of built-in protections for individual rights, and there is enough opportunity to fight a bogus charge. With the right criminal lawyer, you can fight for an outcome that is favorable to you.

Can I Refuse A Field Sobriety Test?


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