Administrative Suspension: This is the immediate suspension of your driver's license. In the State of California, you have 10 days to challenge this administrative suspension by requesting a formal DMV hearing. If your BAC is greater than 0.08% your license will be automatically suspended.
BAC: Blood Alcohol Content: the concentration of alcohol in your blood is known as a blood alcohol content. When you drive on California roads, you automatically consent to having your blood, breath, or urine tested if an officer suspects that you are driving under the influence.
BrAC: Breath Alcohol Content: This is the amount of alcohol that is present in your breath. Police officers often use a portable device known as a Breathalyzer to determine the BrAC of a suspect. However, breathalyzers are often wrong if calibrated incorrectly.
Breathalyzer: This is a portable device that police officials use to determine if a driver's breath alcohol content is above the legal limit. DUI suspects are required by law to submit to a chemical test if an officer suspects them of drunk driving. Suspects are asked to blow into the machine, which then measures the alcohol content of their breath.
DMV Hearing: You have 10 days from your arrest to challenge the administrative suspension of your driver's license by requesting a DMV hearing. Your attorney will be able to view the prosecution's evidence against you and petition the court not to suspend your license.
Field Sobriety Test: This is a test that officers in the field use to help them determine if a suspect has been drinking. There are three standard field sobriety tests: horizontal gaze Nystagmus, the walk and turn test, and the one leg stand test.
Hardship License: Your DUI attorney can petition the court to issue a hardship license. This license partially re-instates your license for special purposes only, such as going to school, to work, medical visits, or to treatment program classes.
Ignition Interlock Device: Judges often require DUI offenders to install an ignition interlock device during their probationary period. Drivers must blow into a tube before their car will start and every 5-15 minute thereafter. If the device registers alcohol on their breath, then a "fail" will be recorded and reported to the authorities
Implied Consent: If you drive in the State of California, even if you do not reside there, you automatically consent to submitting a blood, urine, or breath test if an officer suspects that you have been drinking and driving.
Miranda Rights: If an officer arrests you for DUI, he or she must read you your rights. These are known as your Miranda rights and they inform you of your right to remain silent, and your right to an attorney.
Reasonable Suspicion: In California, an officer must have reasonable suspicion that you have been drinking and driving before they can conduct a field sobriety test.
Zero Tolerance: This is California's law that states that DUI offenders, minors under the age of 18, and commercial truck drivers must not drive a vehicle with ANY amount of alcohol in their system.
Our Oakland DUI attorney serves clients in San Francisco, Walnut Creek, and throughout the Bay Area. Call the Law Office of Nabiel C. Ahmed today to set up a free review of your case. Reach out to us at (510) 907-6600 for a free consultation and to start building a solid defense against these serious charges. If you are already detained, we are also available for phone consultations and jail interviews. You can also fill out a confidential contact form.