When you are pulled over and the police officer suspects you of a DUI, there are certain things that the law requires you to do, and certain things that are voluntary. This distinction is an important one. The only thing that the law requires you to do is submit to a chemical testing of your blood or breath at the station. Everything else, such as answering their questions, performing field sobriety tests, or blowing into the Preliminary Alcohol Screening test (PAS test), is voluntary!
The most important thing to remember is that the law DOES NOT require you to answer their questions, or perform a field sobriety test. If you refuse a police officer can still require you to come to the station and take the requisite test, however, if the police officer did not have probable cause to do so your attorney now has the possibility of getting your case dismissed. It is these and many other procedural rules that an experienced attorney can look at and argue on your behalf. Remember, it’s not your job to defend yourself.
California DUI Convictions
Can you be convicted of a DUI?
In order to convict a person of DUI in California, the prosecution must prove beyond a reasonable doubt that the accused drove a vehicle while under the influence of alcohol, drugs, or both; or, that the accused drove a vehicle with .08 percent or more, by weight, of alcohol in the blood.
A California DUI case may be charged as a misdemeanor or as a felony. It may be charged as a felony where someone is injured (usually when an accident is involved), or where the accused has three or more prior DUI convictions (or convictions that count as a prior DUI, such as a “wet reckless”). These convictions must have happened within ten years of the new charge to count against the accused as a prior conviction.
California DUI law can be found in California Vehicle Code sections 23152 and 23153.
It is important to point out that the law governing DUI arrests is different for those under 21 years of age (learn about under 21 California DUI law).
