Frequently Asked Questions
California DUI / DWI

• It’s my first DUI arrest. Do I have to hire a lawyer?
There is no law that says you have to hire a lawyer; but it is a good idea. You are at a major disadvantage if you represent yourself in a DUI criminal case. California DUI law is complex and the penalties can be harsh, even for first time offenders.

• What is "Blood Alcohol Level" or BAC?
Blood Alcohol Level (BAC) is a term used to describe the level of alcohol in the bloodstream of a person arrested for California drunk driving. It is used in court as evidence of that offense. The most common method of determining BAC is through a breath test (Breathalyzer), although blood and urine testing is also done. If the level is found to be at least 0.08% the test results can establish a presumption of impairment.

• May I refuse a Breathalyzer test?
In California a refusal to take a Breathalyzer test can result in the filing of an additional charge against you, as well as a license suspension for 1 year. In addition, if you took your case to trial but had refused the Breathalyzer test, the jury may use this against you.

• Is “Drunk Driving” the same as “Driving Under the Influence” or DUI?
No. Many people confuse these two terms. In California, you do not have to be drunk or driving drunk in order to get arrested and convicted of a DUI. Being drunk refers to a person who is so inebriated that he or she is incapable of caring for his or her own safety. In a DUI case, the prosecutor must prove that you were impaired (by drugs or alcohol) to an appreciable degree while operating a motor vehicle.

• Will I have to appear in court?
Not necessarily. If you are being charged with a misdemeanor and have a licensed California lawyer to represent you, you will not need to personally appear in court.

• Will my California driver’s license be taken away?
That depends on the circumstances that surround your California DUI case. When you were arrested, you were given a pink sheet of paper that serves as both a Notice of Suspension and a 30-day Temporary License. If the DMV was not contacted (by either you or your attorney) within 10 days after you were arrested to request a hearing, your California driver’s license suspension will automatically begin 30 days after the arrest. When a hearing has been requested, the pink 30-day Temporary License is extended for an amount of time that coincides with your hearing date. A sharp DUI defense lawyer, such as Stephen G. Rodriguez, is your best defense for ensuring your permission to drive.

• Was the police officer supposed to have read me my Miranda rights when he arrested me for drunk driving?
Yes. Police officers are supposed to read you your Miranda rights during the arrest. Many officers fail to do so. If you were not read your Miranda rights, the prosecutor cannot use anything you said after the arrest as evidence against you.

• What else should the officer have told me?
The officer also should have advised you of California’s “implied consent” law, which deals with taking a test that measures the amount of drugs and/or alcohol in your system. He or she should have told you about your legal obligation to take this test, given you a choice of a blood, urine, or breath test, and warned you of the results if you refuse to be tested.