Q: I was arrested on Friday night for driving under the influence. Do I have to submit to the Breathalyzer test?
A: California's implied consent law means that all individuals who drive on California roads automatically must consent to a chemical test of their blood, breath, or urine. While you do have the right to refuse that test, you will face harsh penalties for refusing. Refusing to submit to a chemical test will result in an automatic suspension of your driver's license for one year and possibly even jail time.
Q: This is my first DUI offense and the BAC reading was 0.09%. Is there anything I can do to keep this off my record?
A: Absolutely! BAC readings are often incorrect—especially Breathalyzers. Your DUI defense attorney can examine your case to see if the machine was calibrated correctly, if the officers asked you to blow too hard, or if acid reflux or other foods could've falsely elevated the reading. Your attorney can also seek a lesser offense that will not affect your license or insurance.
Q: I have been arrested 3x for DUI in the last 8 years, but none of those occurred in California. Will this new DUI count as my 4th or my 1st?
A: DUI convictions count no matter what state you are in when you receive them. Consequently, this would count as your 4th conviction. As such, you will face much harsher penalties and consequences. An experienced DUI attorney can review your case and seek a lesser conviction that would keep you out of jail.
Q: I was arrested for DUI last week. Do I really need to contact an attorney?
A: No, but you will undoubtedly lose your license and be subjected to harsher penalties without one. If you are arrested and charged with DUI in California, it is important that you contact an attorney quickly. You only have 10 days from the day you are arrested to request a formal DMV hearing to challenge your license suspension.
Q: My license was suspended for DUI. I need to drive to work to support my family. What can I do?
A: Your DUI defense attorney will be able to petition the court for a hardship license. A hardship license will allow you to drive to and from work, school, medical appointments, and DUI School. Not everyone is granted a hardship license, so it is important to have an experienced DUI defense attorney on your side.
Q: The judge ordered me to have an ignition interlock device installed on my vehicle as a condition of my DUI probation. How does this work?
A: If you are required to install an ignition interlock device on your car, you must have this device professionally installed on ALL vehicles in your possession. You must then blow into a tube in order to start your vehicle. If the device detects any amount of alcohol in your breath, then your car won't start. Once you are driving, you must then randomly blow into the machine. If the device registers alcohol, then it will record a fail and report this to the authorities. Removing, tampering with, or fraudulently asking a person to blow into the machine for you is against the law.
No matter how strong the DUI charges against you, there are methods for fighting the allegations. Call the Oakland Law Office s of Nabiel C. Ahmed today to set up a free review of your case toll free at (510) 907-6600 or send me an e-mail to discuss how I can help you pursue the best possible outcome.