DUI

More than 1.5 million people get arrested every year for both alcohol and drug DUI. Driving under the influence of drugs or alcohol is a crime across the United States, especially in California, and if you get caught, you’ll go in for it. 

Nevertheless, DUI conviction differs from state to state. In some states, first offense DUI may attract a hefty fine and imprisonment. In other states like California, drivers will only pay a fine and fulfill other conditions. However, the penalties will likely increase as you get more DUI convictions while depending on the nature of the crime. 

There are various costs associated with DUI on your record and wallet. It’s also essential you discover your options when you get a first DUI. You don’t necessarily have to be driving to get a DUI. 

For instance, suppose you’re intoxicated, but inside a parked car, you might be arrested for DUI. You don’t need to be drinking to receive a DUI; you can simply be driving under the influence of drugs or alcohol.

Some DUIs are gotten at sobriety checkpoints where officers are stationed to look out for intoxicated drivers. While there are checkpoints across the entire 50 states, excluding twelve states, California does allow them. 

When you’re arrested for driving under the influence at a sobriety checkpoint, you have certain rights as a California resident. Suppose you or your loved one has been arrested for DUI; here’s everything you need to know about how much is the cost of a DUI. 

 

How Much Will Being Arrested for a DUI Cost You?

DUI conviction varies from state to state, and it isn’t cheap. Professional attorneys believe that DUIs are one of the costliest misdemeanors to face in Southern California. This is because a DUI charge comes with many expenses, including: 

 

  • Administrative costs
  • The impounded motor vehicles cost
  • Money paid to victims
  • Criminal fines as ordered by the judge
  • Expensive deterrent programs

 

Some of these DUI costs mentioned above will depend on the nature of your case or might vary depending on the place you were arrested. However, this is the average DUI expense you might face. Thus, it’d be best to speak with an experienced DUI lawyer immediately after the arrest.

Collateral Consequences of DUIs

DUI penalties in Southern California are pretty high. Nevertheless, the state isn’t the only one with severe consequences for drunk driving. 

 

Drunk driving conviction consequences that come outside California are called collateral consequences. They’re often more difficult to handle than jail time, driver’s license suspension, and fines from the state.

 

Preparing for imminent collateral consequences, avoiding them, and minimizing their damage are things a skilled DUI defense lawyer from a great law firm can help you with. 

California’s DUIs Collateral Consequences

There are other consequences for DUI drunk drivers beyond court penalties. They include:

 

  • Affecting professional certifications, driver’s licenses, and car insurance
  • Higher car insurance costs from insurance companies that trigger SR22 requirements
  • Affecting ability to qualify for financial aid and university admission decisions
  • Compulsory ignition interlock device installation 
  • Disclosing DUI arrest details when applying for green cards, change of status, visas, or entering the US
  • Ability to influence your employment status when searching for a job
  • Signing a Watson Advisement, which will be used to checkmate you and prove willful malice when you get another DUI in future

Felony DUI With Bodily Injury

When there’s an injury to human life or death due to the DUI accident, the offender will face more severe DUI punishments than the average DUIs. A DUI that caused the injury is called a California “wobbler.” 

 

Driving under the influence can be a misdemeanor or felony, depending on prior records and facts. Bodily injury felony driving under the influence attracts the following penalties:

1. Fines and Fees

A felony DUI charge can attract penalties varying from a minimum fine of $390 up to $5,000. However, it depends on the offender’s history, facts, and substantial penalty assessments, totaling about $18,000.

2. Restitution

Drunk driving offenders are required to undergo restitution to injured parties.

3. Felony DUI Jail Time

As a felony DUI defendant, you can be eligible for jail time that might span between 16 months to three years in your state prison.

4. Driver’s License Suspension

A DUI offender can get up to four years of driver’s license suspension with the possibility of permanent suspension.

5. Probation

You’ll also get three to five years drunk driving probation, and if this is your fourth DUI, you must complete a 30-month drug education program as a probation condition for 4 DUIs.

6. IID Installation

Felony DUI offenders face penalties, including a compulsory ignition interlock device installed in your automobile for three years once you qualify for a restricted driving license.

7. Record

You’ll have a convicted felon status which you’ll have to disclose on certain occasions, like when looking for employment.

2nd DUI

A driver being arrested for DUI

Most people arrested for a second driving under the influence in Southern California cities like Santa Monica, always ask how the punishments and DUI penalties from the court or DMV are different from those given to a first DUI conviction. The truth is, there’s no simple answer to this concern because in every driving under the influence offense, you’ll need to consider specific facts of the case. 

 

When you’re convicted of a second driving under the influence in California, the punishments imposed by the court include:

 

  • Summary probation spanning three to five years
  • 96 hours to one year mandatory jail time
  • Completing a 30-month or at least 18 months of court-approved driving under the influence school in California
  • Fines of about $390 to $1,000 and an extra $1000 in penalty assessment 
  • Ignition interlock device installation for one year
  • Your driver’s license might be suspended for two years, and after 12 months, it might become converted to a restricted license. However, you can get an IID restricted license to enable you to drive anywhere you want once installed

 

Nonetheless, the court’s punishment and penalties for second DUI cases in California vary from county to county, depending on where the DUI offenses occurred.

3rd DUI

Third-time driving under the influence offenders are liable to three to five years probation in California. Besides the probation, you can get a jail term of four months to one year and fines ranging from $2,500 to $3,000. You’ll get a mandatory three years license suspension and 30-month of DUI school.

 

But defendants may be able to avoid jail through a live-in rehabilitation program, house arrest, or work furlough. And the DMV let’s most defendants resume driving right away with an ignition interlock device (IID). However, they must use it for two years.

 

Furthermore, offenders that refused to take the chemical blood or breath test after the arrest can’t drive for three years. Sadly, you won’t be able to get even a restricted license at this time. 

 

In California, 3rd DUI offenses are still a misdemeanor if they didn’t cause serious human life injuries. Offenders convicted of a third DUI may serve jail or house arrest through the live-in drug treatment program or work-furlough program. 

 

To avoid jail, once you’re arrested for DUI-3rd ensure to fight and get the charges dismissed or at last reduced to a minor offense. Furthermore, you’ll need to win both the DMV hearings, also called admin per se (APS) hearings, and criminal cases to avoid your license being revoked following a DUI-3rd in California.

4th DUI

A DUI-4th in California committed under ten years can be a felony or misdemeanor under the motor Vehicle Code 23550 VC. On average, the punishment includes six months to three years of imprisonment, a drunk driving education program for 30 months, fines ranging from $390 to $1,000, and four-year license revocation. 

 

However, DUI offenders can still drive with an IID. More so, it doesn’t matter if the previous DUIs occurred in California or not; you’ll face the penalties for DUI-4th.

 

As an offense that has been committed repeatedly, a fourth DUI conviction carries harsher penalties, especially if they all happened under the period of ten years. The court considers the offender’s blood alcohol content (BAC), the case’s facts, and any other aggravating factors. 

 

As a wobbler, a DUI-4th in California can be a misdemeanor or felony. It’s left for the prosecutors to decide whether to press misdemeanor or felony charges. 

 

As a felony, a DUI-4th conviction carries a prison sentence of one year and six months, two years, or three years. As a misdemeanor offense, the punishment includes six months to one-year imprisonment in the county jail. 

 

Don’t forget that drivers in California often face felony DUI charges for getting a new driving under the influence case after their first felony DUI conviction, regardless of whether the new DUI case didn’t cause injuries or accidents.

Foreign Citizen DUI

On average, most non-American citizens arrested for a single DUI offense will not face unfavorable immigration punishments. However, DUI can lead to denial of citizenship, inadmissibility to the US, or deportation under some circumstances.

 

Driving under the influence crimes that may lead to inadmissibility and deportation include:

 

  • Driving under the influence with a kid in the motor vehicle
  • DUI with other criminal convictions 
  • DUI of addictive drugs or combined with alcohol
  • Multiple drugged or drunk driving convictions 

 

Presently, most people convicted of DUI don’t suffer negative immigration consequences, especially DUI involving alcohol. The truth is, DUIs are often charged as a misdemeanor. 

 

While a DUI involving alcohol has no harsh immigration consequences, sadly, it isn’t so for DUI of drugs. Under the United States immigration law, offenders convicted of drug crimes automatically become inadmissible and deportable. Over time, courts have insisted that simple DUI isn’t a ground for a high penalty such as deportation.

 

However, you’ll need to be represented by an experienced DUI defense attorney with immigration and DUI expertise. That way, you can successfully navigate any additional DUI consequences while pleading guilty or no contest to another crime with fewer immigration consequences rather than fighting DUI of drugs charges in criminal court.

 

The following are some penalties for immigrants facing DUID crimes in California:

Undocumented (Illegal) Immigrants Can Face Deportation From DUI

Convicted undocumented immigrants might face immigration proceedings, leading to deportation regardless of whether you’re guilty of driving under the influence or not. Once the Immigration and Customs Enforcement (ICE) are aware of your arrest and an immigration hold is issued, you’re eligible for deportation. 

 

ICE can discover your arrest through the following ways:

 

  • Information sharing from police officers under the DHS Secure Communities Program ensures rapid record and fingerprint sharing between ICE and law enforcement agencies

 

  • ICE expends more of its limited resources on finding people with criminal records. Thus, as an undocumented immigrant, it’s best to fight DUI charges while maintaining a record without criminal convictions to reduce the chances of getting deported

 

  • When the police officer discovers that you’re not a legal immigrant after your arrest, they can hand you over to ICE while in custody

 

Working with an experienced DUI attorney with immigration expertise is a good step towards navigating this complicated side of US law.

Deportation for DUI With Aggravating Factors

Being convicted of DUI has always not been enough grounds to deport permanent residents or “green card” holders and other legal aliens. According to the US Supreme Court Local v. Ashcroft case in 2004, the court ruled that a DUI isn’t a “crime of violence.” Thus, it isn’t an aggravated felony, which would have been the ground for deportation.  

 

DUIs with aggravating factors lead to problems reentering the US, problems adjusting immigration status, or deportation. 

 

Some aggravating factors examples include:

 

  • Driving under the influence with a suspended license
  • Multiple DUIs 
  • More DUIs than other crimes in your record
  • DUI involving child endangerment
  • DUID, especially those in the federal list

Visas Can Be Revoked

In many cases, the US Department of State consular officers can automatically revoke DUI offenders’ visas quickly before your lawsuit is being heard to enable you to defend yourself. You aren’t even required to plead guilty. 

 

The revocation speed is a result of how rapidly law enforcement agencies share arrest records and bench warrants. 

 

Prudential visa revocations by the DOS affect non-immigrant visa holders, including:

 

  • H1B highly skilled workers
  • Exchange visitors
  • International F1 visa students
  • Scholars on the J1 visa

 

With a revoked visa, it’ll be tough to reenter the US. You’ll need to reappear first before a DOS consular officer and reestablish your visa eligibility. If you attempt to reenter the country with a revoked visa, you’ll be prevented from boarding a flight to the US or denied entry upon landing.

How Much Does a DUI Cost In California

There isn’t a specific answer to this question because DUI legal fees depend on the amount of alcohol or drugs in your system, the city the arrest happened in, your age, first-time offense, and other factors. 

 

According to the California Department of Alcohol and Drug Programs, the estimate for an average first-time DUI crime include:

  • Court Fines and Attorney Fees: $4,000

After your DUI conviction, you’ll have to pay fines alongside various court fees. Hence, it’d help if you got a DUI lawyer like Louis J Goodman to help you fight unfair charges or post a bail bond.

  • Drug Treatment and Education: $650 

Most California DUI convictions come with some mandatory drug or alcohol education program. You’ll have to complete a 60-hour, 44-hour, or at least 30-hour program after your first DUI crime, depending on the driver’s BAC level. 

  • Car Towing/Impound Fee: $685 

Following your DUI arrest, the police will tow and impound your car since you won’t be able to drive it. 

 

  • DMV reinstatement fee: $100
  • Car insurance premium estimates for the next 13 years: $40,000. Motor vehicles estimates range from below one thousand dollars for Esurance to about $2,700 annually from the state. 

 

Thus, the total estimated cost for first-time DUI offenders in California is $45,435. Don’t forget that this is an estimate and not the exact cost. However, for repeat DUIs, the fines and penalties will be higher. 

Final Words

California Peace officers are highly vigilant in getting ahold of individuals who might have been drunk driving. The California DUI law empowers them to arrest people for drunk driving regardless of whether they saw them just sitting down in a parked car or standing beside it. 

In this case, the appropriate offense will be a drunk-in-the-public charge, but with the wrong representation, you can suffer court penalties. Hence, you need an experienced DUI lawyer with vast knowledge of the California criminal justice system to help you post bail after your arrest, get a fair DMV hearing, and possibly a plea bargain or have the case dismissed. 

Sadly, California prosecutors are often picky about the charges they dismiss or plea down. According to the DMV reports, over 70 percent of DUI arrests result in a conviction. The rate becomes higher amongst people who represent themselves when compared to those who hire experienced lawyers specializing in drunk driving cases to defend them. 

Suppose you’re a foreigner or non-immigrant residing in California and are asking how much does a DUI cost; we hope you’ve gotten your answer. However, the penalties are more dire than this when you don’t work with reputable and highly-experienced California DUI attorneys with substantial knowledge of immigration law like Louis J Goodman to help you turn the tide in your favor. Visit their website for a free consultation and legal counsel for your drunk driving case.

In California, drunk driving could result in an officer suspending your driver’s license immediately upon arrest. This is due to the Admin Per Se Law adopted by the California State Legislature in 1990. This law allows a law enforcement officer to suspend your driver’s license if the officer believes your blood alcohol concentration (BAC) exceeds .08 percent. This means that, contrary to the norm, you are considered guilty until proven innocent. Thus, your license is immediately suspended until your innocence is later proven. To prove your innocence, your case will go to a DMV admin per se hearing (APS hearing). Our experienced Alameda County DUI lawyer discusses Admin Per Se Law and what it means for California drivers in the following article.

How Does Admin Per Se Affect California Drivers?

In an Admin Per Se suspension, an officer will confiscate your driver’s license and send it to the DMV. You will then receive a temporary driver’s license that is valid for 30 days. At this point, you will want to schedule a DMV admin per se hearing within 10 calendar days of your suspension. You must schedule this hearing with the Driver Safety Office (DSO) closest to your home. Failing to do so translates to an automatic suspension of your driving privileges without a hearing.

While scheduling your hearing, you should also request a “Stay of Suspension.” Because the DMV is often overworked, your hearing may not occur until after your temporary license expires. However, a “Stay of Suspension” will extend your temporary license until after your APS hearing.

What Happens During a DMV Admin Per Se Hearing?

The DMV will conduct a hearing to determine whether they will reinstate your driving privileges or penalize you. To do this, the DMV will consider three main elements of your case:

  • Whether the arresting officer had reason to believe you were in violation of the Vehicle Code
  • Whether you were lawfully detained or arrested
  • Whether you were driving while at or above the .08 percent BAC legal limit

The DMV can automatically presume the accuracy and honesty of the evidence it presents. This means that it is quite easy to lose your driving privileges. The penalties in this situation can include:

  • Prolonged suspension or revocation of your driver’s license
  • Prohibition of a commercial driver to operate a commercial vehicle
  • Mandatory attendance and completion of a DUI school
  • Mandatory IID breath devices for your car
  • Filing a “high-risk” SR-22 insurance form

Importantly, penalties imposed by the DMV are separate from penalties you may incur for a DUI conviction. For this reason, it is ideal to work with a trained attorney to fight your legal cases.

Questions About Your DMV Admin Per Se Hearing? Contact an Alameda County DUI Lawyer to Learn More

If you are facing APS and DUI charges, then contact the Law Office of Louis J. Goodman today. We have more than 30 years of experience litigating a wide range of criminal justice cases. To schedule a free consultation, contact us online or by phone at (510) 582-9090.

Last month’s blog discussed how marijuana legalization could change DUI stops in California. Field sobriety tests are a method law enforcement may use to determine if you are under the influence of alcohol or drugs. More can be said about the standardized field sobriety test (SFST) and its weaknesses.

Three consecutive tests, which are sanctioned by the National Highway Traffic Safety Administration (NHTSA), make up the SFST. These three tests are as follows:

  1. Horizontal gaze nystagmus. For this test, a police officer requires you to follow an object with your eyes. An officer is looking for two things: an inability to follow the object and eyeball jerking (nystagmus).
  2. Walk and turn. With this test, officers require to you to take nine paces (heel-to-toe) in a straight line in one direction, and then in the other. A police officer is looking for trouble with balance or an inability to walk in a straight line.
  3. One-leg stand. This test is what it sounds like. You must raise one foot six-inches off the ground for thirty seconds. An officer is looking for trouble balancing.

There are also non-standardized field sobriety tests. You may have heard of these before. Non-standardized tests include reciting the alphabet or touching your finger to your nose.

Can I Fail a Field Sobriety Test While Sober?

You could fail a field sobriety test if you are sober. Certain medical conditions, such as a panic disorder or a bad back, could make it impossible to complete a field sobriety test. Your clothing, the weather and certain medications could also hurt your performance.

Also keep in mind, police cruiser dashboard cameras will record your attempt to pass field sobriety tests. This evidence may be used against you by the prosecution. These are all risks you should keep in mind before agreeing to take a field sobriety test. If you are arrested, then your decision to take the test could make it more difficult to defend yourself from a DUI charge. You can refuse to submit to the field sobriety tests described in this blog.

You should speak to a criminal defense lawyer if you were arrested for a DUI, regardless of whether you took a field sobriety test. If you or a family member were arrested for a DUI, then Hayward criminal defense lawyer Louis J. Goodman could discuss your situation at no cost during a consultation. You can reach Louis J. Goodman by calling (510) 582-9090 or by using our online contact form.

Being pulled over by the police can be a scary experience. Recent news stories do not help how the public perceives traffic stops. For instance, there was that one recent story in New Jersey where police pulled over a young man and performed a cavity search for marijuana. Most traffic stops are not this eventful. However, there are certain mistakes you should avoid during a traffic stop. Some mistakes during a traffic stop could result in severe consequences.

  1. Stepping out of the vehicle. Some traffic stop mistakes could put your life in danger. Stepping out of your vehicle is one of those mistakes. Police may believe you are trying to harm them if you exit your vehicle. You should stay in your vehicle and keep your hands on the steering wheel.
  2. Being argumentative or talkative. As difficult as it might be, try to remain calm and polite. If you are argumentative or disrespectful, then it could escalate the traffic stop into an even more uncomfortable situation. You should never try to explain yourself or engage in a conversation about why you are being pulled over. Let the officer do the talking.
  3. Performing the standardized field sobriety test. If officers suspect you are driving under the influence of alcohol or drugs, they may ask you to submit to the standardized field sobriety test (SFST). The SFST is a combination of three tests that you could still fail even if you are sober. These tests are also recorded by police dashboard cameras. If you fail, it will be on tape and possibly used against you by the prosecution.
  4. Submitting to a search. Police can search your vehicle if they have probable cause or a warrant. There are also other limited circumstances where they can conduct a search. Submitting to search could prove to be a very big mistake.
  5. Running away or resisting arrest. Running from the police at a traffic stop could prove to be a life-ending or life-ruining mistake. You could be looking at felony charges. The same could be true if you resist arrest.

What If I’m Arrested?

If you are arrested during a traffic stop, then it is important to remain silent and ask for an attorney. The prosecution may use whatever you say to the police against you if you are facing criminal charges.

Louis J. Goodman is a Bay Area criminal defense attorney with decades of experience. If you were arrested and charged with a crime, then Louis J. Goodman could explain your rights and possible defense options. You may call our law office for a free consultation. Call (510) 582-9090 or use our online case review form.

Most drivers in California have never been stopped for a DUI, which means that many do not know how to properly interact with the police and protect their legal rights.

However, you could find yourself in a situation where you are stopped by an officer after having a few drinks with your friends. Although you may have done nothing wrong, how you handle the situation could determine whether or not you are arrested and charged with a DUI.

Here are some examples of what to do after getting stopped for a DUI in Alameda County:

Remain Polite

Getting pulled over for a DUI is a scary experience. In these situations, your natural tendency may be to become overly aggressive with an officer. However, it is highly recommended that you remain calm and speak respectfully to any law enforcement official.

You should also calmly comply with any legal requests that the officer makes. This includes providing him or her with your license and vehicle registration, as well as stepping out of your vehicle in a non-threatening manner. You do not have to take a standardized field sobriety test.

Do Not Answer Any Unnecessary Questions

All you are legally required to do during a stop is provide the officer with your driver’s license, registration and proof of insurance. If you are asked anything else by an officer, then you have the right to remain silent and request an attorney.

It is important to recognize that officers are not neutral and are looking for probable cause to make an arrest. Their questions are designed to get you to admit to drinking. They want you to provide them with evidence that can be used in court.

Never Submit to a Preliminary Alcohol Screening (PAS) Device Test

Unless you are on probation or underage, then you do not have to submit to a PAS device test. Officers will ask you to submit to this test in the hopes of establishing probable cause for a lawful arrest. They are also looking to collect evidence to use against you at trial.

The only reason to submit to a PAS device test would be if you have had nothing to drink. If this is the case, then the evidence compiled will work in your favor if an officer makes an illegal arrest. However, you should keep in mind that even if you are sober, there are factors that could erroneously trigger a PAS device. Certain medical conditions, including diabetes, can trigger the device to produce an inaccurate reading.

Refuse Any Request for a Field Sobriety Test

A field sobriety test is a physical test that an officer will use to determine if you are intoxicated. This includes things like following an object with your eyes and walking in a straight line.

While these tests are supposed to be administered objectively, any officer committing to a DUI investigation already thinks that you are intoxicated. He or she is looking for the slightest evidence that will allow them to make an arrest. You should always refuse a field sobriety test and ask for legal representation as soon as possible.

Stopped for a DUI? Contact an Alameda County DUI Attorney Today for Assistance

You can schedule a consultation with an attorney at the Law Office of Louis J. Goodman to learn more about how California DUI laws may apply to your situation. If you were stopped for a DUI in Alameda County, then we encourage you to call us at (510)582-9090 or use our online contact form to schedule a consultation.

Many people are aware that getting behind the wheel after consuming alcohol is illegal. But you may have taken on the responsibility of being a designated driver and are taking a friend home as a passenger in your vehicle. If your passenger is drinking an alcoholic beverage while you are driving, you may be fined under the Open Container Law.

California’s Open Container Law prohibits the consumption of alcohol in public areas. Public areas are defined by state laws and mandates. This may possibly include the following areas:

  • A public sidewalk
  • In your parked car
  • Front steps or common entryway of an apartment complex
  • In a residential neighborhood
  • In a parking lot

This law is in place in most states and is reproduced from the federal standards outlined in the Transportation Equity Act for the 21st Century (TEA-21), which was passed by Congress in 1998. This law was created to reduce drunk and disorderly behavior in public spaces and to prevent motor vehicle accidents due to drunk driving.

A driver will be in violation of California’s Open Container Law if the drink is within reaching distance, such as in your cup holder. If you are pulled over while a passenger in your car is drinking, a law enforcement officer can give both you and your passenger a citation for an open container.

Questions About A DUI Case?

If you have questions about your options and legal rights after a DUI arrest, you should contact an attorney. Hayward DUI lawyer Louis J. Goodman has decades of experience practicing criminal defense law. Call (510) 582-9090 or fill out our online form today.

According to the National Highway Traffic Safety Administration (NHTSA), Labor Day Weekend is considered one of the most dangerous periods of the year to be on the road. In past years, the California Highway Patrol (CHP) has announced a Labor Day Maximum Enforcement Period, which meant all available CHP officers were on duty and on high alert for impaired drivers. This maximum enforcement period also meant a zero-tolerance policy for anyone driving impaired. It is expected that the CHP will treat this year in the same way.

The easiest way to prevent a DUI is to not drink and drive. Before your holiday festivities begin, plan transportation in advance and leave your keys at home. If you’re with a group of people, designate a sober driver. Having a plan will keep you from worrying about how to get home after you’ve been drinking, and ultimately could keep you from getting a DUI.

If you do find yourself in a situation where you’re intoxicated and without a ride home, you have options. California-based rideshare services, Lyft and Uber, can be easier alternatives to public transportation. Their mobile app services use GPS to find your nearest driver, and your fare and pick-up time is quoted before you accept the ride. If paying for transportation isn’t feasible, another option is to call a sober friend or family member to pick you up.

If it’s too late, and you or someone you know has been arrested with a DUI in Alameda County, it is important to talk to a DUI attorney about your case. I can help you understand your legal rights and responsibilities. I have decades worth of experience in criminal law. Call me today at (510) 582-9090 to schedule a free consultation. You can also contact me online with questions.

In 1966, the Supreme Court ruling of Miranda vs. Arizona created the “Miranda Warning” or more commonly known as the “Miranda Rights.” Police officials inform accused parties of their Fifth and Sixth amendment rights as part of due process of the law.

Being arrested and not read your Miranda Rights does not automatically result in a dismissal of a criminal case but it may help you in determining what charges will be held against you in court. If an officer doesn’t read you your rights and you say anything, any statements made may be dismissed as evidence during a trial.  

What Are The Miranda Rights?

It’s important to know what your rights are as a citizen, particularly when being placed under arrest. The presiding officer should before, during, or after arrest repeat the following:

  • You have the right to remain silent.
  • If you do say anything, it can be used against you in a court of law.
  • You have the right to have a lawyer present during any questioning.
  • If you cannot afford a lawyer, one will be appointed for you if you so desire.

It’s commonly suggested that when being put under arrest that you remain silent and wait to contact an attorney for legal advice.

Following the Miranda vs. Arizona ruling, there were three more important cases that ensure citizens to their fifth and sixth amendment rights. The Miranda Warning is complex. If you were not read your rights and feel If you were arrested and charged with a crime, then Louis J. Goodman could explain your rights and possible defense options. You may call our law office for a free consultation. Call (510) 582-9090 or use our online case review form.

As you already know, recreational marijuana was recently legalized in California. Law enforcement agencies have expressed concern that legalization will lead to more instances of impaired driving. However, there is no state law that defines what qualifies as “impaired” for a marijuana DUI.

In California and other states, you must have a blood alcohol concentration (BAC) of .08 or more to be charged with a DUI (over 21 years old). No such threshold exists for marijuana. In addition, the psychoactive ingredient in marijuana (THC) can stay in your system for weeks or days. A person could be pulled over while sober but could test positive for marijuana they had smoked days or even weeks ago. Furthermore, no such threshold for marijuana impairment has been determined.

California law enforcement officers are developing new ways to catch people who are under suspicion of driving while high on marijuana. Possible changes, some of which have been implemented, include but are not limited to:

  1. Increased use of drug recognition experts. These are law enforcement officials who undergo specialized training to recognize drug intoxication. The California Highway Patrol (CHP) recently announced they are hiring additional drug recognition experts. In addition, CHP has launched an independent study to learn more about how marijuana impairs drivers.
  2. Saliva swab tests. Some California police departments have field-tested advanced saliva swab tests. Officers in San Diego have used the Dräger DrugTest 5000 to detect the presence of up to seven drugs. Like many tests for marijuana, saliva swab tests cannot determine impairment.
  3. Marijuana breathalyzer. We recently published a blog on the “marijuana breathalyzer”. These devices would function in a similar way to alcohol breathalyzers. However, the devices have only been field tested and are not currently in use.
  4. Continued use of field sobriety tests. Officers may use the classic three-part, NHTSA-sponsored field sobriety tests. These are the tests where you must walk a certain number of paces heel-to-toe in a straight line, follow an object with your eyes or stand on one leg and count. You are not required by law to take these tests.
  5. Continued use of blood and urine tests. While not necessarily a change, officers will likely continue to use blood and urine samples in conjunction with other types of tests. However, the officers must have demonstrated probable cause for an arrest to carry out these tests.

Arrested for a Marijuana DUI? Call Our Hayward Marijuana DUI Lawyer

Hayward DUI lawyer Louis J. Goodman has decades of experience practicing criminal defense law. Before establishing his practice, Louis. J Goodman served as a former Deputy District Attorney. If you have questions about your legal rights after a DUI arrest, then you have come to the right place. We charge nothing for an office or phone consultation.