If you have been charged with a DUI
or driving under the influence in California, you may face high
fines and penalties, including having your driver's license suspended
and jail time. One of the most critical things you will need to
do is seek immediate advice of an experienced and successful DUI/Drunk
Driving attorney. The law offices of Rizio & Nelson and its
California DUI Attorneys have the experience and knowledge to keep
your record clean, maintain your driving privileges and keep you
out of jail.
You must request an Administrative Per Se hearing from the Department of Motor Vehicles (DMV) within 10 days from the date of your DUI and request a "stay" on your license, or you may lose your driving privileges for up to 6 months.
Once a hearing is set, your license will automatically be stayed (which means the suspension will stop) pending the outcome of your hearing. You must request this hearing in order to contest the suspension of your license. Keep in mind that commercial drivers have a different ‘standard’ and that a commercial driver's license shall be suspended for 12 months if the offense occurred in a vehicle requiring a class A or class B driver's license.
There are many factors to a driving
under the influence charge. California DUI Attorneys at Rizio &
Nelson has extensive experience handling Department of Motor Vehicle
hearings - not just relating to alcohol/drugs, but for points, medical
conditions, competency and critical need to drive. While the DMV
hearings may be complicated, and circumstances vary in each case,
the California DUI Attorneys at Rizio & Nelson will put their
knowledge and experience to work for you to avoid license suspension,
excess fines and even jail time.
In California, the DUI penalties are severe. A DUI conviction will require you to answer "yes" to employers if asked about a DUI conviction, and may prohibit you from driving a company car due to insurance liabilities. There will also be substantial fines including DUI victim's fund, DUI classes, vehicle towing and/or storage fees, increased car insurance rates and other fees which may be assessed by the court. If you have a child in the car when you are stopped, chances are you will also be charged with child endangerment.
California law enforcement agencies have the right to stop you if they suspect that you have been driving under the influence. By law, if you are pulled over, you are only required to present identification and your vehicle registration. You are not required to:
 Answer any of the officer's questions regarding, where you are going, how much you have had to drink or where you have been;
Perform any field sobriety test (roadside testing) such as walking a straight
line, touching your finger to your nose, reciting the alphabet, etc.;
Submit to a roadside breathalyzer test;
You are required to submit to testing at a testing facility, police station or hospital. You will be given the choice of a breath test or blood test. If you refuse to take either test, your penalties may be much higher, including the loss of your driver's license for one year. If your blood alcohol content is over .08%*, you will be arrested and allowed to call an attorney. Before you consult with a criminal defense attorney you are advised to not answer any questions. Less than 70% of DUI arrests in California result in a conviction. An experienced DUI attorney can get alternative sentencing or get your case dismissed, resulting in no jail time.*If you are under the age of 21, it is a crime to operate a motor vehicle on a public roadway with a blood alcohol content of over .01. This means that even one drink may put you over the legal limit.
The California DUI, drunk driving, driving under the influence of alcohol, drunk driving arrest, DUI arrest or other legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a California DUI lawyer or drunken driving attorney at our law firm. This web site is not intended to solicit clients for matters outside of the State of California
We thank you for visiting the website
of Southern California DUI Attorneys - California Drunk Driving
Lawyers.
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