Did you know that a DUI is really two separate charges?
Vehicle Code (VC) §23152(a) describes the crime of driving while “impaired” by alcohol or drugs. The second charge, VC §23152(b), only cares that you were driving with a BAC of 0.08% or more.
Usually, either or both DUI allegations are misdemeanors, but either charge by itself is enough to support a DUI conviction.
On the scene, law enforcement may direct you to complete what they call field sobriety tests; they will do it in a way that makes you feel like you have no choice. If you are over 21 years old and not on DUI probation, you can and should decline to participate in their field sobriety tests.
The reality is that so-called field sobriety tests are not really tests at all. They are nothing more than subjective agility exercises or games that do not “prove” anything.
It does not even matter how you perform the agility games, they will document that you failed to do them properly. When you have finished the games, they will tell you to blow into the little roadside Preliminary Alcohol Screening Device (PAS). “We just want to make sure you are safe to drive” they will say. No! It’s a lie. What they really want is even more evidence to use against you. They know, like we know, the PAS device is an unreliable tool that can’t tell the difference between alcohol and garlic or mouthwash or chewing tobacco. It is common for PAS machines to register a false level that the police will most assuredly use against you.
In California, if you are over the age of 21-years-old and not currently on DUI probation, you can – and should – decline all of the FST’s and the PAS.
However, after you are arrested, the chemical breath or blood test is not optional. Once in custody for alleged DUI, if you refuse to submit to the chemical alcohol test, either breath or blood, the DMV will suspend your driver license for an entire year. Also, your refusal to submit to the chemical tests can be used in court to show your consciousness of guilt.
Consequences of DUI:
- First offense: 48 hours to 6 months in the county jail; plus, a fine of $390 to $1,000; plus, you will be required to complete an alcohol and drug education program for 3 to 9 months; plus, a driver license suspension for anywhere from 6 to 10 months.
- Second offense: 96 hours to 1 year in the county jail; plus, the fines described above; plus, a program described above for up to 30 months; plus, your driver license can be suspended for 2 years.
- Third offense: Fines, fees, and a driver license suspension or revocation, in addition a mandatory 120 days in the county jail.
- Fourth offense: Could be charged as a felony with a penalty of at least 3 years in the state penitentiary.
The DMV penalties are completely separate from the criminal court penalties.
Depending on the severity of the offense, the DMV can restrict, suspend and even revoke your privilege to drive for a few months up to several years.
Know Your Rights and Protect Them
In California, drivers over the age of 21 and not on DUI probation are not required to submit to FSTs. Of course, the officer has no duty to inform you that FTSs are optional.
Also, your driver license is not immediately suspended after a DUI arrest.
Call our office today and speak to David Givot personally about your case. He will spend as much time as you need to answer your questions and, hopefully, put your mind at ease.
We serve Palm Springs, Indian Wells, Rancho Mirage, Palm Desert, Cathedral City, Indio and all other Coachella Valley communities.
What We Do
Attorney David Givot and his team will represent your best interests well beyond criminal court.
Our DUI defense includes full representation before the DMV and, if you hold or intend to hold a professional license, we will represent you before the various State Licensure Boards at no additional cost.
Our Mission
When you or someone you care about has been arrested for or just accused of DUI (driving under the influence) in Palm Springs, Palm Desert, La Quinta, Indian Wells, Desert Hot Springs, or anywhere in the Coachella Valley, California, you deserve and must demand an aggressive, competent Desert DUI lawyer to fight for your Constitutional rights and to help you avoid a criminal conviction and a driver license suspension.
Defense for Visitors and Snowbirds
Palm Springs, La Quinta, Palm Desert, Indian Wells, Indio, and the rest of the Coachella Valley are popular destinations for fun in the sun when the rest of North America is covered with rain and snow. All too often the fun is interrupted by run-ins with the law. A DUI arrest will quickly turn a great vacation into a nightmare that lives on long after it’s time to go home. We have you covered.
For most misdemeanors, hiring a lawyer means you don’t have to come to court. We will appear in court and handle your case long after you have returned home. In many cases, we can even resolve your case without you ever having to come to court.
The Dmv License Suspension Hearing
In California, you have only 10 calendar days (including weekends) after a DUI arrest to contact the DMV to request a HEARING, a copy of the REPORTS, and place a HOLD on the automatic suspension. We include DMV representation at no extra cost.
Criminal Court
For every defendant, the process begins when the prosecuting agency files a complaint and your Attorney appears in court for you to enter a NOT GUILTY plea on your behalf.
At the arraignment, we will receive the initial discovery (arrest reports) and set a future court date that allows ample time to review, research, and strategize on your specific case.
In most cases, for DUIs that are charged as a misdemeanor, we can handle everything in court so there is no need for you to personally appear in court.
Fight & Finalize Your Dui Case
Over the next few weeks and months, we will carefully analyze each aspect of your DUI case so that we can develop viable defense strategies that fit the particular facts and we will guide you toward the most reasonable, appropriate, and favorable resolution with minimum consequences.
Protect Your Rights!
Everyone who is arrested and/or accused of a DUI deserves and should demand an attorney who will represent you today with an eye on your future.
In Palm Springs, La Quinta, Palm Desert, Indian Wells, Indio, and the rest of the Coachella Valley, you can call the Law Office of David J. Givot. Criminal defense attorney David J. Givot is committed to what he does and who he does it for!
Call the office today at 760-610-6109 and ask how we can help you make sure that your rights are protected. Initial consultations are always free and always completely confidential.
