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.
If you are arrested or charged with DUI, speaking with a qualified defense attorney as soon as possible can be critical.
A DUI lawyer can review:
Early legal guidance may help protect your rights and improve the outcome of your case.
During a DUI stop, officers may ask drivers to perform roadside coordination exercises designed to assess impairment.
Common field sobriety tests include:
• Walk and Turn Test
• One Leg Stand Test
• Alphabet Recitation Test
• Horizontal Gaze Nystagmus Eye Test
• Finger to Nose Test
These tests are subjective and may be affected by nervousness, fatigue, uneven surfaces, or medical conditions.
Once you are lawfully arrested for DUI, California’s implied consent law requires you to take a chemical test.
If you refuse both breath and blood testing, the officer may obtain a search warrant for a blood draw. A refusal can also result in a driver’s license suspension and additional penalties.
Because refusal cases can become complex, many drivers seek advice from an experienced DUI defense attorney.
Some drivers choose to decline the roadside breathalyzer because:
• The test is voluntary for most adult drivers
• Breath testing devices are not always perfectly accurate
• The results can be used as evidence in court
However, refusing the required chemical test after arrest can lead to automatic penalties.
Refusing the roadside breathalyzer test may limit the evidence collected before an arrest because the test is usually voluntary for drivers over 21.
However, refusing the chemical test after arrest can result in serious consequences under California’s implied consent law, including license suspension and additional penalties.
Drivers should understand the difference between voluntary roadside tests and mandatory post arrest chemical tests.
Yes. A blood test can sometimes show a higher alcohol concentration than a breathalyzer result.
Breath tests estimate alcohol levels based on breath samples, while blood tests measure the actual alcohol concentration in the bloodstream. Differences in testing time, alcohol absorption, and testing methods can cause the results to vary.
Because of this, blood test results are often closely examined in DUI defense cases.
Blood alcohol concentration increases as alcohol is consumed. The following chart shows general effects associated with different BAC levels.
Even drivers below the legal limit may still be arrested if their ability to drive safely appears impaired.
California law sets different blood alcohol concentration limits depending on the driver.
If a chemical test shows a BAC above the legal limit, the driver may face DUI charges, license suspension, and other penalties.
Yes. Field sobriety tests are voluntary in California.
These roadside tests often include walking in a straight line, standing on one leg, or following a pen with your eyes. Officers use these exercises to gather evidence of possible impairment.
Drivers can politely decline these tests. However, officers may still proceed with an arrest if they believe there is probable cause for DUI.
After a lawful DUI arrest in California, drivers must submit to a chemical test under the state’s implied consent law.
The officer will typically allow you to choose between:
Refusing both tests can lead to automatic penalties, including a driver’s license suspension and enhanced DUI charges. In some situations, police may obtain a warrant to perform a blood draw.
In California, the breathalyzer offered during a traffic stop is called a Preliminary Alcohol Screening test. For most drivers over age 21 who are not on DUI probation, this roadside breath test is voluntary.
Police often use this test to gather evidence before making an arrest. If the result shows a blood alcohol concentration above the legal limit of 0.08 percent, it may be used by prosecutors in a DUI case.
Because the test can strengthen the prosecution’s case, many DUI defense attorneys advise drivers to understand their rights before agreeing to a roadside breathalyzer.
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.