DUI: What You Should Know

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A DUI (Driving Under the Influence) arrest is a serious matter with immediate and long-term consequences. Your professional license could be in jeopardy. There are also potential  immigration consequences. Understanding what happens during the arrest process and what penalties you face can help you make critical decisions about your defense. Hiring an experienced defense attorney should be your first step once you have been arrested.

 Most DUI cases begin with a traffic stop. Officers may pull you over for:

• Traffic violations (speeding, running a red light, erratic driving)
• Equipment violations (broken taillight, expired registration)
• Sobriety checkpoints
• Anonymous tips or 911 calls reporting suspected drunk driving

During the stop, officers observe your behavior, speech, and any odor of alcohol. They're trained to look for specific indicators of intoxication, and their observations will become evidence against you.

If an officer suspects you're under the influence, they'll typically ask you to perform field sobriety tests. Common tests include:

Horizontal Gaze Nystagmus (HGN): The officer waves a pen or small light back and forth in front of your eyes while looking for involuntary jerking movements in your eyes.

Walk-and-Turn: You're asked to walk heel-to-toe along a straight line, turn, and walk back.

One-Leg Stand: You must stand on one leg while counting aloud.

Important: Field sobriety tests are voluntary in California for most drivers. You can politely decline without immediate penalty, though refusal may be noted by the officer. These tests are subjective and can be affected by numerous factors unrelated to intoxication, including medical conditions, injuries, nervousness, uneven surfaces, and weather conditions.

There is no pass or fail for FSTs. Officers look for clues. They then use those clues to help develop probable cause for an arrest. 

As a former police chief, I know these tests inside and out—including how they're frequently administered improperly or interpreted incorrectly.

Officers may ask you to take a roadside breathalyzer test (PAS device). This is different from the chemical test required after arrest.

Important: If you're 21 or older and not on DUI probation, the PAS test is voluntary. 

You can decline without penalty. If you are under 21 or on DUI probation, you are required to submit to the PAS test. The Court may; however, as a condition of your release for a DUI arrest, order you to submit to testing by law enforcement upon request during a traffic stop. 

If the officer believes he or she has probable cause that you're driving under the influence, you'll be arrested and taken to the police station or county jail. Officers typically charge both Vehicle Code 23152(a) and (b). 

Chemical Testing: Blood, Breath, or Urine

Once arrested, California's "implied consent" law requires you to submit to a chemical test of your blood or breath (urine tests are rarely offered anymore). This is not voluntary—refusal carries serious consequences.

 - Breath Test: Administered at the station using a larger, more sophisticated machine than the roadside PAS device.

 - Blood Test: A medical professional draws your blood, which is then sent to a lab for analysis.

You typically get to choose between blood and breath, though the officer may require a blood test if they suspect drug use or if breath testing is unavailable.

Refusing the Chemical Test

Refusing the post-arrest chemical test triggers an automatic one-year driver's license suspension for a first offense, with longer suspensions for subsequent refusals. Refusal can also be used against you in court and often results in enhanced penalties if convicted. 

A DUI arrest triggers two separate proceedings: a criminal case and an administrative license suspension through the DMV.

You have only 10 days from your arrest to request a DMV hearing. If you don't request a hearing within this timeframe, your license will be automatically suspended 30 days after arrest.

At the DMV hearing, a hearing officer (not a judge) determines whether to suspend your license based on:

• Whether the officer had reasonable cause to stop you in the first place
• Whether there was probable cause to arrest you
• Whether your blood alcohol content (BAC) was 0.08% or higher

This hearing is separate from your criminal case. Winning the DMV hearing doesn't dismiss criminal charges, and vice versa. However, I can represent you at the DMV hearing and often use it as an opportunity to gather information for your criminal defense.

California DUI penalties escalate dramatically with each subsequent offense. Here's what you're facing:

First-Time DUI Offense

- Criminal Penalties:

• Up to 6 months in county jail (though jail time is rare for first offenders with no aggravating factors)
• Fines and penalty assessments totaling $1,800 to $3,000 or more
• 3 to 5 years of informal (summary) probation
• Completion of a 3, 6, or 9-month DUI education program depending on BAC level
• Possible community service or work program

- License Consequences:

• 6-month license suspension (you may be eligible for a restricted license allowing driving to/from work and DUI classes after 30 days)
• Installation of an ignition interlock device (IID) for a period determined by the court

- Additional Consequences:

• Dramatically increased insurance rates
• Potential employment consequences, especially if your job requires driving
• Professional license issues for certain occupations
• Difficulty renting apartments or obtaining loans

Second DUI Offense (within 10 years)

- Criminal Penalties:

• 96 hours to 1 year in county jail (jail time is much more likely)
• Fines and assessments of $1,800 to $3,000 or more
• 3 to 5 years informal probation
• 18-month or 30-month DUI education program
• Community service or work program

- License Consequences:

• 2-year license suspension
• After 12 months, you may apply for a restricted license with an ignition interlock device
• IID required for minimum of 1 year

- Enhanced Scrutiny: 

• Second offenses carry greater stigma and courts are less lenient with sentencing alternatives.

Third DUI Offense (within 10 years)

- Criminal Penalties:

• 120 days to 1 year in county jail (significant jail time is standard)
• Fines and assessments of $1,800 to $3,000 or more
• 3 to 5 years informal probation
• 30-month DUI education program
• Community service or work program
• Designation as a Habitual Traffic Offender (HTO) for 3 years

- License Consequences:

• 3-year license revocation
• After 18 months, you may apply for a restricted license with an IID
• IID required for minimum of 2 years

- Long-Term Impact: A third DUI creates serious personal and professional consequences. Employment opportunities become limited, and the stigma can affect many aspects of your life.

Fourth DUI Offense (within 10 years)

- Criminal Penalties: A fourth DUI within 10 years can be charged as either a misdemeanor or a felony, depending on the circumstances and your record.

If charged as a misdemeanor:

• 180 days to 1 year in county jail
• Fines and assessments similar to third offense
• 30-month DUI education program

If charged as a felony:

• 16 months, 2 years, or 3 years in state prison
• Fines up to $5,000 plus penalty assessments
• Formal probation or parole
• Felony designation on your permanent record with all associated consequences (loss of voting rights while incarcerated, inability to own firearms, professional license issues, housing and employment discrimination)

- License Consequences:

• 4-year license revocation
• After 18 months, you may petition for a restricted license with IID
• Potential permanent license revocation as an HTO

- Life-Altering Consequences: A felony DUI affects your future in ways that go far beyond driving privileges. It impacts your ability to secure employment, housing, loans, and can even affect child custody matters.

Aggravating Factors That Increase Penalties

Certain circumstances can enhance DUI penalties significantly:

• High BAC: 0.15% or higher
• Excessive Speed: Driving more than 20 mph over the limit on surface streets or 30 mph over on highways
• Refusal to Submit to Chemical Testing
• Accident Causing Injury: Can result in felony charges even on a first offense
• Child Endangerment: Having a passenger under 14 years old
• Prior DUI Convictions: Even outside the 10-year window can be considered

Additional DUI-Related Charges

You may face additional charges depending on the circumstances:

• DUI with Injury: Felony charge carrying 16 months to 16 years in prison
• Vehicular Manslaughter: If someone dies as a result of your DUI
• Child Endangerment: Separate charge for having a minor in the vehicle

Every DUI arrest is not a conviction. There are numerous defenses and strategies that can result in reduced charges or complete dismissal:

• Challenging the legality of the traffic stop
• Questioning the accuracy of field sobriety tests
• Challenging breathalyzer or blood test results
• Examining whether proper procedures were followed
• Investigating rising blood alcohol defenses
• Exploring medical conditions that may have affected results

As a former police chief with 24 years of law enforcement experience, I know exactly how DUI investigations are supposed to be conducted—and where officers often cut corners or make mistakes. I've reviewed thousands of police reports and know what to look for.

The Critical Importance of Acting Quickly

Time is not on your side in a DUI case:

• You have 10 days to request a DMV hearing
• Evidence can disappear or degrade
• Witnesses' memories fade
• Early intervention can sometimes prevent charges from being filed

A DUI arrest is serious, but it doesn't have to ruin your life. With the right defense strategy and an attorney who understands the system from the inside, you can fight for the best possible outcome.

Contact the Law Office of E.C. Talik today for a free and confidential consultation. I'll review your case, explain your options, and start building your defense immediately.