San Diego DUI Lawyer

DUI Frequently Asked Questions

If you have been arrested for DUI, it is important to talk to a skilled lawyer immediately regarding your rights and your options from this point forward. San Diego DUI attorney James N. Dicks offers a free consultation to discuss your particular case and answer any questions you may have, but we have included some frequently asked questions so you can get information immediately.

What is the legal limit in California? If your  blood alcohol concentration is .08% or above, then you will considered to be driving under the influence, as per California law. You will most likely be charged with DUI and face penalties such as jail time, fines, counseling and more.

If I am under 21, is the law different for me? California is one of many states which follow a “zero tolerance” law for underage DUIs, which states that your blood alcohol concentration must not be .01% or above – meaning you cannot consume any alcohol and drive.

Am I going to go to jail for my DUI? That will depend upon your specific case and circumstances, whether you have any prior DUIs on your record, and more. The likelihood of avoiding jail time is greatly increased if you hire an experienced DUI attorney.

Do I have to agree to take a breath test? You do not have to agree to take a breath,  blood or urine test to determine the amount of alcohol or  drugs in your blood. However, if you refuse, your license will be automatically suspended and you may face harsher  penalties than if you had agreed.

What is “implied consent”? This is a law which states that by driving, you have given your consent to be tested for alcohol or drugs if you are believed to be impaired by one or the other, or both. This is why you may face harsh penalties for refusing a blood, breath or urine test.

Do I have to submit to field sobriety tests? You do not have to submit to any field sobriety tests, such as standing on one leg, walking in a straight line, or following an object with your eyes. These are voluntary and are not covered under “implied consent.”

What if I wasn’t actually driving the car? If you were not driving the car, you should not be charged with DUI. It is important, at this point, to contact a DUI attorney who can inform you of your rights and go about finding evidence or witnesses who can testify that you were not driving the car.

What if I am arrested for DUI after an accident that hurt someone? If you are arrested for DUI that has caused injury, you will face more severe charges than if you caused no damage or harm. A DUI lawyer is needed to represent you in court and make sure you do not receive the maximum penalties.

Have you been arrested for DUI in San Diego? Contact us today!