Facing a DUI charge often raises many concerns about the legal process and what lies ahead. Unfortunately, much of the information found online is inaccurate or misleading. Because DUI laws are complex and penalties can be severe, anyone arrested for driving under the influence should speak with an experienced DUI attorney promptly. Below are some of the most common questions people have after a DUI arrest.
Many people wonder whether an old DUI conviction—especially one that was reduced to a wet reckless or later expunged—can still be used against them. In California, DUI is considered a “priorable” offense. This means prior DUI-related convictions within a certain timeframe can enhance penalties for new offenses. Repeat violations may lead to mandatory jail time, longer license suspensions, and participation in extended alcohol education programs lasting up to 18 months.
It often comes as a surprise to drivers when their license is suspended before they have even appeared in court or been found guilty. This occurs because a DUI arrest triggers two separate proceedings: a criminal court case and an administrative action by the Department of Motor Vehicles (DMV). These processes operate independently, and the DMV can suspend driving privileges regardless of the outcome of the criminal case unless a hearing is requested in time.
A rising blood alcohol concentration (BAC) defense is based on how alcohol is absorbed and processed by the body. In some situations, a driver’s BAC may have been below the legal limit while driving but increased by the time a breath or blood test was administered. When properly supported by toxicology evidence, this defense can create reasonable doubt as to whether the driver was legally impaired at the time of driving.
Yes. DUI charges involving marijuana have increased significantly, particularly since legalization in California. While marijuana may be legal to possess and use, driving while under its influence remains a criminal offense. Individuals convicted of marijuana-related DUI can face the same serious penalties as those involving alcohol.
Unlike alcohol, marijuana does not have a universally accepted legal limit or reliable roadside breath test. As a result, law enforcement relies on multiple forms of evidence to establish impairment. This may include driving behavior, physical signs observed by officers, performance on field sobriety tests, statements made by the driver, and toxicology results from blood testing.
Drug Recognition Experts, commonly known as DREs, are law enforcement officers who receive specialized training to identify drivers impaired by drugs. Police departments increasingly use DREs in DUI drug investigations due to their advanced training in recognizing the effects of various controlled substances.
The DRE Drug Impairment Evaluation is a detailed, standardized 12-step assessment conducted by a certified DRE officer. This evaluation includes interviews, physical examinations, field sobriety tests, and chemical testing. The goal is to determine whether a driver is impaired and, if so, whether the impairment is likely caused by drug use.If you or someone close to you has been arrested for or charged with a DUI, getting accurate legal guidance early is critical.