What to Do if Stopped for a DUI in California

January 25, 2012

Being stopped for a DUI in California can be a frightening and confusing experience. It’s essential to understand your rights and the immediate steps you should take to protect yourself. This guide will provide you with valuable information on handling a DUI stop, understanding DUI laws in California, and the costs involved.

Understanding DUI in California

A DUI in California involves driving under the influence of alcohol or drugs, which can lead to severe legal consequences. California law is stringent regarding DUI offenses, and being convicted can result in hefty fines, license suspension, and even jail time. Knowing the law and what to expect can help you navigate this challenging situation more effectively.

Immediate Steps to Take After a DUI Stop

If you are stopped for a DUI in California, it is crucial to remain calm and follow these steps:

Request an Attorney: As soon as the police inform you that they suspect you of driving under the influence, assert your right to an attorney. Politely tell the officers that you wish to cooperate but will not answer any questions until you have spoken to a lawyer.
Provide Necessary Documents: Hand over your license, registration, proof of insurance, and agree to a blood test unless you have drugs in your system. Refusing a test can lead to automatic license suspension.
Choose a Blood Test: Opt for a blood test instead of a breath test. Blood tests require a licensed phlebotomist and often take longer, which can result in a lower Blood Alcohol Content (BAC) reading due to the delay. For example, if a breath test shows a BAC of 0.10 immediately after arrest, a delayed blood test might show a BAC of 0.07.
Contact an Attorney Immediately: Call a skilled DUI defense attorney as soon as possible. An attorney will ensure you have representation for your court date, request the police report, conduct necessary investigations, and represent you at the DMV hearing.
Avoid Discussing Your Case: Do not discuss the details of your case with anyone other than your attorney. Anything you say can be used against you in court.
Document the Incident: Write down everything that happened during the stop, including what you drank, where you were, names of witnesses, the order of events, any food or medications you consumed, statements you made to the police, and anything unusual about the event. These notes can be crucial when you meet with your defense attorney.

How Much Does a DUI in California Cost?

One of the critical concerns for many people is, “How much does a DUI in California cost?” The costs associated with a DUI conviction in California can be substantial. They include:

Fines and Penalties: Fines for a first-time DUI offense can range from $390 to $1,000, not including additional penalty assessments that can increase the total amount significantly.
Legal Fees: Hiring a DUI defense attorney can cost anywhere from $2,500 to $10,000 or more, depending on the complexity of the case and the attorney’s experience.
DUI School: Enrollment in a DUI education program is mandatory and can cost between $500 to $1,800.
License Reinstatement Fees: Fees for reinstating your driver’s license can add another $125 to $300.
Increased Insurance Premiums: A DUI conviction will likely increase your car insurance premiums for several years, adding thousands of dollars to your overall costs.
Additional Costs: These may include bail, towing and storage fees for your vehicle, and potential loss of income due to court appearances and community service requirements.

Legal Advice for DUI Stops

If you find yourself in a DUI stop situation, it’s crucial to have proper legal guidance. A DUI stop lawyer can provide the expertise needed to navigate the legal system and protect your rights. Here are some ways an attorney can assist you:

Court Representation: A lawyer will represent you in court, ensuring that your rights are upheld and providing a strong defense.
Police Report Analysis: Your attorney will request and review the police report to identify any discrepancies or procedural errors that can be challenged.
DMV Hearing Representation: An attorney can represent you at the DMV hearing to fight for your driving privileges.
Evidence Evaluation: A skilled lawyer will evaluate all evidence, including the results of your breath or blood test, to build a solid defense.

Frequently Asked Questions About DUI in California

Q:What should I do if I’m stopped for a DUI?
A:Remain calm, provide necessary documentation, request an attorney, and avoid answering any questions without legal counsel.

Q:How can I lower my BAC reading?
A:Opt for a blood test over a breath test, as the delay in administering the blood test can result in a lower BAC reading.

Q:What are the costs associated with a DUI conviction?
A:Costs include fines, legal fees, DUI school, license reinstatement fees, increased insurance premiums, and other miscellaneous expenses.

Q:Can I refuse a breath or blood test?
A:Refusing a test can lead to automatic license suspension and other penalties. It’s generally advisable to comply with the test and seek legal counsel immediately.

By understanding the steps to take during a DUI stop, the costs involved, and the legal aspects of a DUI in California, you can better prepare yourself and protect your rights. Always seek professional legal advice to navigate the complexities of DUI laws effectively.