Common DUI Questions

Certified Santa Ana Criminal Defense Attorney

In the wake of a DUI arrest, the accused typically feel anxious and confused as to what will happen to them or what they should do next. When you are unsure of your next move after being arrested, call on a board-certified criminal law specialist. The Law Offices of Jerry Schaffer, Jr. can provide the crucial legal advice you need and the tough representation you need to fight your charges.

The following are some common questions regarding DUIs—for more information, please call a trained Santa Ana criminal defense attorney from my firm.

Should I take a field sobriety test?
Law enforcement officers usually make their decision to arrest you before even asking you to perform a field sobriety test. There are no penalties for refusing to take a field sobriety test, unlike a chemical test, which means you should probably politely decline the test so the officer has less evidence to use against you later.

What happens if I refuse to take the chemical test?
A few things will happen: you will receive a suspension of your driver’s license for one year for your first refusal. If the officer includes your refusal in the complaint against you, you could be sent to jail. Further, the judge and jury may perceive your refusal of the test as being conscious of your guilt.

Why should I hire an attorney?
You are probably unaware of the consequences of a DUI in California or what they mean. A trained DUI attorney can ask for measurements and maintenance records of the breath machine and have your blood samples analyzed a second time. In general, an attorney can challenge any evidence being used against you, look for errors in the case, negotiate with the prosecution for reduced penalties, and take other actions to keep you from a conviction or have your penalties reduced.

What penalties do I face?
The details of your case can determine the details of your DUI penalties. Your first DUI conviction can include being fined roughly $1,700, up to 9 months of mandatory DUI class, up to 3 years of probation, a 90-day driver’s license suspension, and between 4 days and 6 months in jail.

Can I win my DMV administrative hearing?
Yes; all that is needed is to discredit the DMV’s assertion that either you were driving the vehicle at the time you were stopped, the officer had probable cause to stop you in the first place, and your blood alcohol was 0.08 percent or higher. If any of these points can be seriously questioned, possibly by including witness testimony, you could win your hearing and have your license returned to you.

How long does the process take?
It goes much faster if you plead guilty. If you are planning on a defense, on the other hand, it will take a few months at least to resolve your case. A complicated DUI case can take six months to a year to make it through the DMV and court systems. If you were charged with felony DUI or have many prior convictions could easily take several years. My firm can give you an estimate during your consultation.

As an experienced criminal defense attorney, I can provide you with specific information and advice based on your unique situation. I am a board-certified criminal defense specialist in Santa Ana which means I can provide unrivaled legal insight and representation. Get the edge you need for your DUI case by hiring my firm today adn I can fight hard on your behalf!

Call The Law Offices of Jerry Schaffer, Jr. right away to request your free consultation!