DUI (FAQ)

If I retain an attorney for my DUI case, will I have to appear at my first court date?
The first court date in a DUI case is called an arraignment. At the arraignment, the charges against you are read and you have an opportunity to plead guilty, no contest, or not guilty. In most DUI cases, your attorney can appear on your behalf, meaning that you won’t have to take time off work to attend.

Do the police have to read me my Miranda rights? Can my case be dismissed if they don’t?
Miranda rights are often a topic of confusion. Police only have to read you your Miranda rights if you are under arrest and being interrogated. If police fail to read you your rights, that does not mean that the charges will be automatically dismissed, it only means that the statements that you made could be suppressed at trial.

Can the police charge me with DUI for smoking pot?
Yes, you can be charged for DUI for being impaired due to alcohol or drugs. If a police officer suspects you of being under the influence of cannabis or another intoxicant, he may cite you for DUI, even if you have not been drinking.

I was stopped for speeding, but arrested for DUI. Why didn’t the police list the speeding charge against me?
A DUI charge is far more serious than a speeding charge, so the prosecution typically only charges you with a DUI in these circumstances. The fact that you were speeding will likely be noted in the police report.
The police officer put down the wrong time of day on the ticket and misspelled my name. Does that mean my DUI will be dismissed?
No, a minor mistake on the citation is correctable and will not be considered grounds for dismissing the ticket. However, your attorney may be able to use the mistake against the officer at trial.

The police officer searched my vehicle even though I didn’t give him permission. Does that mean it was an illegal search?
It depends. The police officer needs probable cause in order to search the car. Depending on the facts of the case, the search may have been illegal. It is something for your attorney to analyze.

I have a prior conviction in another state. Will that count against me?
Typically, yes. Prior DUI convictions in other states will be used against you meaning that your current DUI charge will be considered as a subsequent offense. That means that you will be facing a longer jail sentence, larger fines and additional enhanced penalities.

What is a wet reckless charge?
Wet reckless is a charge of driving with a blood alcohol level under the legal driving limit of .08%. In the case of a first-time DUI charge, an experienced attorney can often resolve the case by getting it reduced to a “wet reckless.”

Is it possible to win at my DMV hearing?
Yes. But it is extremely important that you hire an attorney immediately after your DUI arrest because you only have 10 days to request the hearing. The blood alcohol tests are susceptible to a variety of attacks, such as improper testing methods, which can result in a dismissal of the DMV case or a reduction of the license suspension. With skilled legal counsel, you may be able to keep your drivers license while you DUI case is pending.

I missed the 10 day window to request a DMV hearing. Is there anything you can do?
Yes. In many cases we may still be able to get the California Department of Motor Vehicles to schedule a hearing, even if the 10 day window has passed. However it is always in your best interest to avoid delay and seek the DMV hearing within the 10 day window after your arrest.

What is the difference between the DMV hearing and the DUI charge?
The DMV hearing is an administrative matter that concerns only your drivers license. The DUI charge is a criminal matter that can result in jail, fines, community service, alcohol education and loss of driving privileges.