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