What is DUI?
DUI is an acronym standing for Driving Under the Influence. In the state of California, it is a crime to drive while under the influence of alcohol or drugs. DUI can be handled as a misdemeanor or felony offense. It will depend on the circumstances surrounding your arrest.
What is the legal limit of intoxication for DUI in Santa Clara?
Whenever your blood alcohol level concentration (BAC) surpasses 0.08%, you are considered to be intoxicated for the purposes of a DUI charge and arrest. However, if you are under the age of 21, California's zero tolerance policy makes it illegal for you to drive with a BAC of .01%.
If I am pulled over for suspected DUI, do I have to submit to a breath or blood test?
You can refuse the field sobriety tests that are typically conducted roadside. However, you must submit to breathalyzer or blood testing in the event you are arrested. Note however, that if you are under the age of 21, these rules do not apply; you are required by law to submit to any and all preliminary alcohol screenings. These can be done with force, if need-be. Also, should you refuse blood or breath testing, you will automatically lose your license for one year. This loss of license cannot be appealed or waived. Further, you will not be able to drive under any circumstances, including to or from work.
Will a judge decide if I lose my license due to a DUI charge?
No. The decision to revoke your license is actually made by an official from the DMV. If you are arrested for DUI in Santa Clara, it is important that you act quickly. After all, you have only 10 days to contact the DMV and request a hearing. If you or your legal counsel fails to apply for a Stay of Suspension within that period of time, you will lose the right to appeal the loss of your license. It is imperative that you hire a qualified Santa Clara DUI attorney as soon as possible. A skilled Santa Clara DUI attorney will take on your case and advocate on your behalf. They contact the DMV for you, and fight for you to retain your license. In many cases, your Santa Clara DUI attorney can appear at the DMV for you, allowing you to continue to fulfill family and work obligations.
Do I have to appear in court for my Santa Clara DUI charge?
It depends. Your Santa Clara DUI lawyer can appear in court on your behalf, in many cases. This has many benefits for you, as it allows you to save valuable time and embarrassment. It also insures that you get the best in terms of defense for your Santa Clara DUI case. You should contact a skilled Santa Clara DUI attorney immediately to begin working on your case. The longer you wait, the harder your case may be to win.
Can I lose my license if this is my first Santa Clara DUI charge?
It is possible to lose your driver's license even if this is your first DUI charge in Santa Clara. This is what makes having a knowledgeable Santa Clara DUI lawyer so important. Without the representation of an experienced Santa Clara DUI attorney, the chances of losing your license increases. There are several factors that an attorney will be able to consider in order to preserve your driving privileges. Having the skill and experience of our attorneys on your side improve the odds of your being able to continue driving – either with a normal license, or with a provisional license that will allow you to travel to and from work.
Should I hire a Santa Clara DUI attorney for my DUI charge?
It is always best to retain a highly-skilled Santa Clara DUI lawyer when taking on the unique laws and regulations in Santa Clara and surrounding areas. A qualified Santa Clara DUI attorney will be well-versed with the laws most pertinent to your case, and will keep abreast of the latest information in the field of DUI. One of the biggest mistakes people make when facing a DUI charge is to think their case is hopeless and cannot be won. Self-representation virtually ensures that you incur more severe penalties and consequences than you would face if represented by a skilled Santa Clara DUI attorney. Don't waste the opportunity to minimize the embarrassment, stress, and disruption a DUI charge causes you and your loved ones. Seek out a qualified Santa Clara DUI lawyer as soon as possible if you have been charged with DUI.