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DUI Defense Practice Areas
DUI Defense
DUI FAQ
Blood Test
Breath Tests / Refusal
BUI
CDL DUI
DMV Hearings
DUI & Injury
DUI Car Accidents
DUI Involving Drugs
DUI Penalties
Expungement
Federal DUI
Felony DUI
Field Sobriety Tests
First DUI Offense
Intoxication Manslaughter
License Suspension
Multiple DUI
Under 21 DUI
Warrants
Criminal Defense

DUI Frequently Asked Questions

Have you been arrested for drunk driving? If so, then it is important that you do not hesitate to get the involvement of an experienced lawyer that you trust to take on your case. At Floyd, Skeren & Kelly, we know what is on the line in regards to DUI-related cases and we are prepared to do everything within our power to provide our clients with aggressive and high-quality legal assistance when it matters most. Should you choose to work with our firm, you will be able to breathe easier knowing we will do everything that we can to help.

Answering Common Questions

In an effort to help alleviate the confusion often accompanying DUI cases, our firm has both asked and answered some of the most common questions asked about these criminal charges. If you have further questions that you would like answered or would like to discuss your personal case in more detail, you should not hesitate to get the involvement of our firm as soon as possible by calling us at 877-MR-CA-DUI as soon as you can. We have a full-bodied understanding of this area of the law and we are prepared to go above and beyond in our efforts to help you. In the mean time, please read through some of the frequently asked questions below:

What are police looking for when they are on the lookout for drunk drivers?

It is important to keep in mind that police must have probable cause to pull someone over in regards to drunk driving charges. It is not considered to be reasonable cause to see someone leaving a bar or to have someone call in reporting a drunk driver. The police officer must see themselves the telltale signs of drunkenness. Therefore, police officers are often on the lookout for things such as swerving, abrupt speed changes, sudden braking and otherwise unexplainable or dangerous driving behavior.

After being arrested, I've heard that the officer will take my license. What should I do?

It is standard protocol in the state of California for police officers to take the license of someone who has been criminally accused of drunk driving and issuing them both an Order of Suspension, as well as a Temporary License. If you have received this document, you have a short period of time during which you can request a DMV hearing to challenge this suspension. If you do not, you must wait through the end of the suspension to get your license back; at that time, you will pay a reinstatement fee to the DMV, as well as provide proof of financial responsibility.

I refused to take the breath test – how long will my license be suspended for?

If this is your first offense of refusal to take a breath test and you are over 21 years of age, you will be facing a one-year license suspension. If it is your second offense, it will be increased to two years; for a third or subsequent offense, it will become three years. This is different from what faces a driver under the age of 21.

I've heard that there are some penalty enhancements – what are these?

Depending on the circumstances of your arrest, you could be facing elevated penalties. Circumstances such as having a child in the car, speeding, having a BAC over 0.20 percent, refusing to take a chemical test or causing property damage can all result in elevated convictions and enhanced penalties. Should someone die as a result of the accident, you could be facing charges of manslaughter and possibly murder.

If I am pulled over or stopped at a DUI checkpoint, and a law-enforcement official asks me if I have been drinking, what should I say?

When asked questions by police that are potentially incriminating, you are not required to say anything. It is your legal right to let them know that you would like to speak with an attorney before answering their questions. Alternately, to let an officer know that you have had a drink or two is not incriminating, as this is typically not sufficient to cause intoxication and can supply them with an answer as to why they may smell alcohol in your vehicle or on your breath.

What happens if a police officer asks me to take a breathalyzer test? What if I refuse?

Chemical testing like breathalyzer and blood tests are used to measure an individual's blood alcohol content (BAC). If your BAC is over .08 percent, our state's legal limit, you will be arrested and charged with DUI. It is your legal right to refuse to be tested; however, you will automatically be subject to jail time and a 1-year suspension of your drivers' license. It can also create a compelling argument of "consciousness of guilt" by the prosecution and be harder to defend in court.

Why am I facing two different sets of charges for DUI after my arrest?

In our state, being charged with DUI will cause two separate aspects of the case that must be addressed. Without skilled representation, each can lead to devastating repercussions including the loss of your license and DUI penalties. The first is called a "Per Se" offense for driving with an excessive BAC. This can lead to the suspension of your drivers' license for a period of time, unless you exercise your right to fight against this legal action. You must set up an Administrative Per Se hearing, or DMV hearing, within 10 days of your arrest date in order to fight the charges. The second case will be the criminal charges for DUI that you will be facing. These charges will be prosecuted in state court, unless you are facing federal DUI charges, in which case you would be tried in federal court.

How can an attorney help me in my DUI legal matter?

Our lawyers are extremely well versed and experienced in a wide range of DUI defense cases including DMV hearings, first time DUI, multiple DUI arrests, BUI, DUI involving drugs, under 21 DUI, DUI car accidents, DUI & injury, intoxication manslaughter, felony DUI, federal DUI, out of state DUI and DUI due to failed field sobriety tests or an elevated BAC level determined by blood tests or breathalyzer tests. If you or someone you care about has recently been arrested and is now facing charges for any type of DUI legal issue, speak with a competent lawyer from our firm without delay.

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Floyd, Skeren & Kelly, LLP - Ventura DUI Attorney
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