Help
I need advice. Daughter just got DUI. Was pulled over going 35 in a 30 mile zone. The breath analyzer was .11, I think legal limit is .08. First offense, last year of college, never ever in trouble before.
We are thinking of obtaining an attorney to represent her at the DMV hearing and at court. Fees are about $750 for the lawyer. People are telling us that there is less than a 1% chance of having an attorney making any difference.
Any experience or advice would be appreciated.
What should I do if I'm stopped for DUI?"
Nationally-known California DUI defense attorney Lawrence Taylor, author of the legal textbook Drunk Driving Defense, 6th edition, offers 5 tips:
• Politely decline to answer questions without an attorney (only incriminating answers will be in the police report).
• Decline to take any field sobriety tests (not required by law and rarely helps you).
• Unless you are under 21, decline to take any handheld breath test not required by law.
• Agree to take a required "evidentiary" breath test (blood test if confident you are under .08%).
• Make sure your attorney calls the DMV Driver Safety Office within 10 days and demands a hearing to contest your license suspension
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Procedurally, you should be aware of certain legal rights you have — rights which are commonly ignored by the police:
• There must be legally sufficient facts to constitute "probable cause" to stop, detain and arrest you.
• You should be advised that submission to field sobriety testing and portable field breath testing is not required by law.
• Once arrested, you must be advised of your constitutional rights — the "Miranda" warning — before any further questioning takes place.
• You must be given a choice of breath or blood testing; if you refuse, you must be advised of the legal consequences (the "implied consent" advisement).
• If a breath test is administered at the police station, since the breath sample is not saved, you must be given a chance to obtain a blood sample for later independent testing by your defense attorney.
When a California driver is arrested for driving under the influence of alcohol, his driver's license is immediately confiscated by the police and he is served with the DMV's "Notice of Suspension". This one-page document (fine print on both sides) serves to (1) formally suspend the license, (2) provide a temporary driving privilege for 30 days, and (3) explain some aspects of the applicable law. Buried in this fine print on the back side is the most important legal provision: there is a right to an administrative hearing to contest the suspension and force the DMV to return the license — but only if the individual or his DWI attorney contacts the DMV's local Driver Safety Office (DSO) and formally demands a hearing WITHIN 10 CALENDAR DAYS of the arrest. If the call is not made, on the eleventh day the right to contest the suspension is lost and it will begin 30 days from the arrest regardless of any possible defenses.
This immediate suspension is for either (1) having .08% or higher blood-alcohol (.01% for drivers under 21); (2) providing a blood or urine sample when the officer believes the eventual analysis will be .08% or higher; or (3) refusing to take a chemical test. This is referred to as an administrative suspension (or sometimes "administrative per se" or "APS" suspension), and is to be distinguished form a license suspension or restriction
which may (and probably will) later occur in the criminal courts — in addition to the administrative suspension.
Insurance Rates Double
if your insurer does find out about a driving under the influence (DUI) conviction, you're likely to feel the pinch of higher rates and possibly policy cancellation or non-renewal. Rates can be doubled or tripled, although this may be a price-gouging tactic. Shopping around will definitely yield the lowest rate, as they vary greatly.
There are two ways insurance companies generally deal with customers convicted of DUI. First, your insurer will likely raise your insurance premiums and label you a high-risk driver if it finds out you've been convicted of DUI. In this case, you'll likely have to file proof of insurance for three — sometimes five — years with your state's department of motor vehicles.
National Driver Register
http://www.nhtsa.gov/portal/site/nhtsa/menuitem.f27748441b1ad09d07b2e610cba046a0/
The National Driver Register (NDR) is a computerized database of information about drivers who have had their licenses revoked or suspended, or who have been convicted of serious traffic violations such as driving while impaired by alcohol or drugs. State motor vehicle agencies provide NDR with the names of individuals who have lost their privilege or who have been convicted of a serious traffic violation. When a person applies for a driver's license the state checks to see if the name is on the NDR file. If a person has been reported to the NDR as a problem driver, the license may be denied.
Will the DUI conviction show up in a
background search of my criminal record?
Yes, it will show up for insurance companies when you try to buy insurance.
Yes, it will show up when you apply for a driver's license renewal
Yes, it will show up to police and courts if you commit any new criminal offense, so it may increase the sentence you would receive for a 2nd offense of any type.
Yes, it will show up on a pre-employment background search if you apply for a job that requires you to drive.
Yes, it may show up on any pre-employment screening because many companies get your written permission during your job application.
