9 Important Issues to Look for in Your Case
In a DUI case, there are two government agencies that will attempt to take your driver's license. These are the Criminal Court and DMV. It is important to understand how these respective suspensions work. As set forth below, there are a number of things that you can do to actually receive a temporary license as an alternative to a suspension. The best DUI attorneys who specialize in DUI cases have the knowledge to implement these alternatives to license suspensions which will allow you to keep your license.
- Did the police officer actually see you driving? Did you consume alcohol after driving, but before the officer contacted you? Did the police officer have a good or valid reason to stop your car?
- Did the police officer tell you why he/she was stopping you? Do you agree with his/her reasons?
- When the police officer attempted to stop you, did you respond immediately? Did you respond in a manner that is consistent with someone who is driving in a sober condition?
- Did the police officer tell you or ask you to do field sobriety tests? Did the police officer tell you that there is absolutely no legal requirement whatsoever for you to do field sobriety tests (with the exception of the PAS for those younger than 21)? Did he tell you that you could refuse to take these tests? Did he/she tell you that if you did not perform these tests satisfactorily, he/she could later testify against you in a court or DMV hearing? Did the police officer tell you that if you refused to take any field sobriety tests that he/she may not have enough information to arrest you and may have to let you go on your way? Did he/she fully explain and demonstrate each test?
- Did you pass your field sobriety tests, e.g., recite the alphabet, walk the line, stand on one foot, finger count, finger to nose, hand slap, follow the pen with your eyes?
- Did the police officer give you your Miranda Rights, e.g., "You have the right to remain silent. You have a right to speak to an attorney before answering any questions," once you were in custody?
- Did you take a portable alcohol test (PAS)? Did the police officer tell you that, unless you were under 21 years of age, you are under no legal requirement whatsoever to take it? Were you told that if the PAS test was 0.08% or more it could be used against you in court and at a DMV hearing?
- How much time occurred between (1) when you initially were pulled over by the police officer and (2) when you actually took a breath, blood or urine test at a police station/hospital? Did your alcohol level increase from the time of the driving to the time of the test?
- If you took a breath test, did the police officer constantly observe you for 15 minutes immediately preceding the actual test (to ensure that there was no burping, coughing etc.)? After taking the breath test, were you told that you also had a right to take a confirming blood test?
Remember, Ronald Dinan and Associates, is a firm of experienced and aggressive DUI lawyers, who can help in achieving the best outcome in your case. Many times DUI case dispositions will include reduction or outright dismissal of the number and/or severity of criminal charges, diversion programs, probation, reduced fines with installment payments, alternatives to jail, etc.
To get immediate help with your DUI matter, we invite you to call us to discuss your case. We answer all telephone calls in a polite, professional and helpful manner.
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|Sonoma County||Santa Rosa||707-571-5550|
|Marin County||San Rafael||415-491-0223|