Driving Under the Influence - D.U.I. Defense


D.U.I. - What You Need to Know


You were out on the town, enjoying a night with your co-workers, family or friends. You had a few drinks, but felt that you were capable of driving yourself home. As you were making that trek home, you start to hear the sirens and see the flashing lights of a police cruiser. You pull your car over to the side of the road and the police officer approaches your car. He informs you that you were pulled over because you were driving erratically and that he suspects that you are driving under the influence. You exit the car as he requests and he performs a field sobriety test on you. Because you failed the FST, he requests that you take a breathalyzer test. You blow a 0.10 and are placed under arrest for driving under the influence.  


One thing that you need to be aware of is that the offense of driving under the influence carries two separate and independent "punishments," one is administrative, through the Department of Motor vehicles, and the other is criminal, through the California court system. DMV'a administrative process handles the determination of whether a person can retain his/her driver's license (or face suspension) and any fines associated with a conviction.  The criminal process addresses whether, through a person's actions, he/she has violated the laws of the State of california associated with driving under the influence. The outcomes of these cases are independent of each other, so a person can be cleared of the D.U.I offense under the guidelines set by the DMV, but convicted under the state's D.U.I. laws.


In most cases, a driving under the influence conviction will be listed on your record as a misdemeanor.  However, when a death results as a result of someone's driving under the influence, can and will be listed as a felony - Felony D.U.I. Depending upon the circumstances ssurrounding your arrest and D.U.I. charge, you may require the assistance of an attorney.  

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