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Frequently Asked Questions About DUI in California

Posted on in DUI

San Jose DUI attorney FAQsNo matter the offense, when you are in trouble with the law, it can be a scary and intimidating experience. When it comes to DUI, the state of California takes these charges very seriously and will usually prosecute offenders to the greatest extent of the law. The consequences for DUI vary greatly depending on the circumstances surrounding a specific case, and those who are facing charges should be sure to understand how the laws affect them. Here are some answers to four of the most frequently asked questions about California DUIs:

How Long Will I Lose My License For?

It depends. There are many factors that can affect how long your driver’s license suspension is in effect. If you are arrested for drunk driving, you may face an administrative per se suspension of your driver's license. If you are convicted of a DUI, you may also have to serve a criminal license suspension. However, if this was your first DUI offense, you will be able to keep your full driving privileges if an ignition interlock device (IID) is immediately installed and used for at least six months. If you do not use an IID, you will be able to drive with a restricted driver's license for 12 months.

Will a DUI Affect My Insurance?

More than likely, yes. If you are arrested or convicted for a DUI, it is not unusual to see your car insurance rates go up to double or even triple what they previously were. In California, you are required to obtain SR-22 or high risk insurance after a DUI. Your insurance provider must send proof of insurance to the California DMV.

Can I Refuse to Take a Chemical Test to Measure My BAC?

Technically, you can refuse a chemical test, but it is not recommended. In California, if you refuse to take a chemical test to check your BAC after you have been arrested for DUI, you are breaking the law. By having a California driver’s license, you are consenting to chemical tests to check your BAC. Not completing or refusing to submit to a chemical test can result in extra penalties, including an increased length of time for your driver’s license suspension.

A Santa Clara County DUI Defense Lawyer Can Help You

Since the laws surrounding California DUIs can result in severe punishments for those who are convicted, it is of the utmost importance to immediately get in touch with a San Francisco DUI defense attorney who can help you prepare a solid defense. The Law Offices of Erik Steven Johnson can help you determine the best strategy that will minimize the consequences of an arrest and help you get back on the road as soon as possible. Call our office today at 408-246-3400 to schedule a free consultation.

Sources:

https://www.dmv.ca.gov/portal/dmv/detail/dl/driversafety/dsalcohol#refused

https://www.dmv.ca.gov/portal/dmv/detail/pubs/hdbk/actions_aps_court

https://www.dmv.ca.gov/portal/dmv/detail/pubs/brochures/fast_facts/ffdl35

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