Law Offices of Erik Steven Johnson

247 N. Third Street, San Jose, CA 95112

Call Today for a Free Consultation | Se Habla Espanol

408-246-3004

San Francisco DUI defense attorneyIn the state of California, a driver who has been arrested for a DUI has 10 days to request a hearing with the Department of Motor Vehicles (DMV) to keep his or her driving privileges. A DMV hearing is an administrative proceeding involving the suspension of your driving privilege only. It is a completely separate matter from a criminal case for a DUI charge. If a motorist fails to request a hearing, his or her driver's license will be suspended. It is important to know you are not required to request a DMV hearing after a DUI arrest, so you may want to discuss the potential advantages with a skilled DUI lawyer.

Due Process

In California, due process of law entitles you to a notice if the DMV intends to revoke your driver’s license and gives you an opportunity to be heard. The DMV hearing focuses on the details of your arrest and your driving privileges. It does not decide your innocence or guilt of a criminal act. Some of the issues discussed at a DMV hearing include the following:

  • Whether or not you took a blood, breath, or urine test.
  • Did the police officer have reasonable cause to pull you over if he or she believed you were in violation of the law.
  • Was your placed under lawful arrest?
  • Were you operating a vehicle with a BAC of 0.08% or higher in your system?
  • Whether or not you refused or failed a blood, breath, or urine test.

These issues may seem fairly straightforward, but there could be factors that made your arrest unlawful or without probable cause. For example, the arresting officer could make a mistake in the police report or fail to note an important detail.

...

San Jose criminal defense attorney

Many California residents use bicycles as a primary mode of transportation due to the mild weather we enjoy throughout the year. The California Vehicle Code contains the state laws that specify where and how bikes are allowed to operate. Basically, bicyclists have the same rights and responsibilities as motor vehicle operators. This holds true for operating a bike while under the influence of alcohol or drugs. Similar to a DUI (Driving Under the Influence), this is called a CUI (Cycling Under the Influence).

CUI Laws and Penalties

Some people may think riding a bicycle after drinking alcohol is different or safer than driving a car after consuming those types of beverages. However, it is still illegal to do so in California.  California Vehicle Code section 21200.5 prohibits riding a bicycle while under the influence of alcohol, drugs, or both. The punishment is less severe than California's DUI penalties (a fine of $250 or less and no jail time), but a CUI is still a misdemeanor, and a conviction will remain on a person’s criminal record. Also, if you are convicted of a CUI, and you are under 21 years old, the court could suspend your driver’s license for one year.

...

San Jose, CA DUI lawyer

It is illegal to drive while impaired by alcohol or drugs. In California, a blood-alcohol content of .08% is considered drunk driving. California’s drunk driving law is also a drugged driving law. If you are pulled over while driving in California, and an officer suspects you are under the influence of drugs or alcohol, the officer can legally require you to take a blood or urine test. The results of these tests can lead to a DUI arrest and possible conviction. 

If you face a DUI charge, it is critical to secure skilled legal representation from an experienced criminal defense lawyer who will fight for you.

...

San Jose Underage DUI LawyerAcross the United States, laws require anyone drinking alcohol to be 21 years of age or older. A blood alcohol content of .08% is considered drunk driving. While minors can get into trouble for having alcohol in their system or on their person anytime, they will definitely face some strong penalties if they are caught driving under the influence. California’s “zero tolerance” law states that if an under-21 driver is found to have any alcohol at all in their system, even trace amounts, then they can be charged with DUI.

What Happens After an Underage DUI Arrest?

If you are a minor, and you are pulled over or get into an accident, and then you test positive for alcohol, then your license will likely be confiscated at the scene. The incident will be reported to the DMV, and an administrative review will follow. Generally, a first DUI offense for a minor will result in a one-year license suspension. The same is true if you refused to take a chemical test at the time of the incident.

If you are charged with a second DUI offense within 10 years, your license will probably be revoked for two years. A third DUI within 10 years will net a three-year revocation. These punishments are dealt by the DMV. You will typically face additional punishments through the court.

...

Palo Alto DUI defense lawyer IID breathalyzerIn the past, a DUI often meant a suspended license. While that is still a possibility, a new law which went into effect on January 1, 2019 allows some California residents to keep their license after a drunk driving conviction, on the condition that they have a breathalyzer installed in their car. If this type of breathalyzer, known as an ignition interlock device or IID, is implemented, then the driver must blow into it before they start their car. If alcohol is detected, the car will not start. 

The driver will also have to blow into the device at random times while they are driving to check for alcohol. If there is alcohol on the driver’s breath, some breathalyzers will transmit a signal to the car, causing the horn to honk and the lights to flash, so that the driver has to pull over. The breathalyzer is also monitored, and any violations are reported to the proper authorities. 

The idea behind this is that more drivers will be stopped from drunk driving, since those whose licenses are suspended or revoked without the use of a breathalyzer often continue to drink and drive anyway. 

...
Back to Top