Driving Under the Influence (DUI)

San Diego DUI Attorney

What will cause Police to pull me over for suspected DUI?

Lane straddling, wide turning radius, weaving, swerving, drifting, almost striking another object or vehicle, driving on other than designated highway, speeding or driving below the speed limit, stopping without cause in a traffic lane, following too closely, braking erratically, signaling inconsistent with driving actions, slow response to traffic signals, accelerating or decelerating rapidly, headlights not being used when required.

If I am pulled over, what symptoms of intoxication are the Police looking for?

The odor of alcohol on your breath, a flushed face, red, watery, glassy and/or bloodshot eyes, slurred speech, fumbling with your wallet trying to get your license, failure to comprehend the officer’s questions, combative, argumentative, jovial or other “inappropriate” attitude, staggering when exiting vehicle, swaying/instability on feet, leaning on car for support, soiled, rumpled, disorderly clothing, stumbling while walking, disorientation as to time and place, inability to follow officer’s directions.

I’ve just been arrested for DUI. What happens now?

The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver’s license taken into possession, with a sworn report to the DMV. The DMV then automatically conducts an administrative review that includes an examination of the officer’s report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation. You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order.

At the time of my arrest, the officer confiscated my driver’s license. How do I get it back?

Your driver’s license will be returned to you at the end of the suspension or revocation, provided you pay a $125 reissue fee and you file proof of financial responsibility. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §23136, 13353.1, 13388, 13392. If the authorities determine that there was no basis for the suspension or revocation, your driver’s license will be reissued or returned to you.

The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?

You may drive for 30 days from the date that the order of suspension or revocation was issued, provided you have been issued a California driver’s license and your driver’s license is not expired, or your driving privilege is not suspended or revoked for some other reason.

For how long will my driving privilege be suspended if I took the chemical test?

If you are 21 years-of-age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:

A first offense will result in a 4-month suspension.

A second or subsequent offense within 10 years will result in a 1-year suspension.

If you are under 21 years-of-age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.

Do I need a hearing to get a restricted license to go to and from work?

No. A request for a restricted license cannot be considered at the DMV hearing. You may apply for a restricted license to drive to and from work at any DMV field office.

The officer stated I refused to take a chemical test. What does this mean?

You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless: the officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol; both the blood or breath tests are not available; you are a hemophiliac; or you are taking