Frequently Asked Questions
Vista, Chula El Cajon Vista & DUI Charges
Do I have to schedule a DMV hearing after a DUI arrest?
Scheduling a DMV hearing is not mandatory, but a failure to do so will result in the automatic suspension of your driver's license - even if you are not convicted of DUI. You have only 10 calendar days from the date of your arrest to contact the proper department of the California DMV and schedule your hearing, which is an administrative process that gives a driver the opportunity to contest the suspension of his or her license. Fortunately, you can work with a El Cajon DUI attorney and have him or her not only schedule your hearing but also represent you in order to help protect your driving privileges.
Are field sobriety tests mandatory?
You do not have to consent to field sobriety testing when you are pulled over for suspected drunk driving. The officer may ask you step out of the vehicle to perform a field sobriety test, but you have the legal right to refuse this without repercussion. Although you may still be arrested even if you do not agree to field sobriety testing, the officer will have less evidence against you.
Do I have to submit to a breath test or blood test?
Under California's Implied Consent Law, a driver is considered to have already given his or her consent to chemical testing after a DUI arrest. When you sign for and receive your driver's license, there is a clause that you must agree to which states that you will agree to submit to chemical testing if you are arrested on suspicion of DUI. Refusing a chemical test will result in driver's license suspension and possibly enhanced penalties if you are eventually convicted of DUI.
What are the penalties for a first DUI offense?
The specific penalties for a first offense of driving under the influence may vary depending on various factors, but the basic penalties may include:
- 96 hours to 6 months in county jail
- Fines of up to $1,000
- Community service
- Probation
- 6-month driver's license suspension
Contact a El Cajon DUI lawyer today!