Driving Under the Influence (DUI)
Driving Under the Influence (DUI)
In every state, it is a crime for a driver to operate a motor vehicle
(car, truck, motorcycle, commercial vehicle, and even a boat) while
impaired by the effects of alcohol or drugs.
Key areas that law enforcement officers focus on are whether:
- The driver's ability to safely operate the vehicle is impaired
by the effects of alcohol, illegal drugs, prescribed medications
such as painkillers, or even over-the-counter medications such
as antihistamines; or
- The driver is intoxicated at a level above established DUI
standards, such as blood-alcohol concentration (BAC).
Field Sobriety and Chemical Tests
When a law enforcement officer makes a vehicle stop and suspects
that the driver may be intoxicated, the officer will conduct a "field
sobriety" test on the driver, and may ask for his or her consent
to submit to some form of chemical test for intoxication.
Field sobriety tests usually involve a police officer asking a driver
to perform a number of tasks that assess any impairment of the person's
physical or cognitive ability. Examples of field sobriety tests
include having the driver walk a straight line, heel to toe; having
the driver recite the alphabet backwards; and the officer's use
of the "horizontal gaze nystagmus" (eye and penlight)
test.
Chemical tests can be conducted during the vehicle stop, using a
Breathalyzer that measures a driver's blood-alcohol concentration
(BAC), or at a hospital, where urine and blood tests can be performed.
Many states allow a driver suspected of a DUI to choose which type
of chemical test is administered.
Refusing a Chemical Test: "Implied Consent" Laws
All states have "implied consent" laws that require vehicle
drivers to submit to some form of chemical test, such as breath,
blood, or urine testing, if suspected of a DUI. The logic behind
such laws is that, by assuming the privilege of driving a vehicle
on state roads and highways, drivers have effectively given their
consent to DUI testing when a police officer reasonably believes
the driver is under the influence of alcohol or drugs. If a driver
refuses to submit to such testing, implied consent laws carry penalties
such as mandatory suspension of a driver's license, usually for
six months to a year. Often, license sanctions for test refusal
are harsher than those imposed after a DUI test failure. In most
states a driver's refusal to submit to a chemical test may be used
to enhance the penalties imposed if he or she is eventually convicted
for DUI.
What Must be Proved to Convict You?
In California, in order to punish you for driving under the influence
of alcohol or any drug, a prosecutor must prove at minimum:
- You were driving a vehicle; and
- While driving, you were under the influence of an alcoholic
beverage, or any drug, or under the combined influence of alcohol
and any drug.
However, proving additional facts can lead to
enhancing your punishment, and/or lead to the filing of a felony
charge instead of a misdemeanor. Among these other factors:
- Your level of toxicity - Although it provides
only an estimate, you can understand roughly how your body may
react to the influence of alcohol by visiting the "Drink
Wheel". Note however, that due to the uniqueness of our bodies,
there are additional factors that can increase or decrease the
result of your alcohol toxicity/BAC (blood alcohol content).
- Your involvement in an accident while driving under the influence.
- Injuries caused to third parties resulting from an accident
while you were driving under the influence.
- Prior/multiple DUI’s you have had within 10 years of
the current charge.
Administrative DMV Hearings:
In addition to the criminal proceeding against you, you will be
subjected to a suspension of your license by the Department of Motor
Vehicles. This is an administrative action that is civil in nature,
but is still an action that you should have your attorney undertake
and represent you because of the length of your license suspension
put at risk. The length of the suspension depends upon several factors
if it is determined by DMV that you drove under the influence. The
first factor is whether you tested over the legal limit or refused
to submit to the test. The second factor is the number of prior
DUI convictions you have had.
The DMV Hearings are separate actions
from the criminal court action against you and is, therefore handled
in a different manner from the criminal representation. Many attorneys
do not take these hearings as seriously as the criminal proceedings
and often do not conduct a thorough and comprehensive investigation
prior to the conduct of the hearing. In addition, many attorneys
treat the DMV Hearings as a minor proceeding,
and simply conduct them over the telephone, which our office considers
to be a disservice to our clients.
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