DUI FAQs

  1. What is Probable Cause for a DUI Stop?
  2. What Should I Do If Stopped for DUI?
  3. What Should I Do If Arrested for DUI?
  4. How Is It Legal for My Drivers License to Get Confiscated?
  5. How Do I Get My Drivers License Back?
  6. Can I Legally Avoid a DUI Checkpoint?
  7. Are Field Sobriety Tests Mandatory?
  8. Are Chemical Tests Mandatory?
  9. What is Mouth Alcohol?
  10. What is Rising BAC?
  11. How Much Does a Good DUI Defense Lawyer Cost?
  12. What is DUI Probation?
  13. What is a Wet Reckless?
  14. What is a Dry Reckless?
  15. What is an Interlock Ignition Device?
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What is Probable Cause for a DUI Stop?

The following are just a few of the many erratic driving behaviors that can give law enforcement reasonable suspicion to stop a driver on suspicion of DUI:

  • Speeding
  • Reckless driving
  • Swerving or weaving
  • Driving too slow
  • Breaking traffic laws
  • Driving without headlights at night

Police may also stop your vehicle for other reasons such as a broken taillight or a traffic infraction that doesn’t necessarily indicate impairment. If, during the stop, they believe your appearance or demeanor indicates drug or alcohol use, they could arrest you for DUI.

What Should I Do If Stopped for DUI?

DUI Internal Practice Area Whenever you are stopped by law enforcement, you should remain calm and polite. If you are asked about your drug or alcohol use, remember that you have a right to avoid self-incrimination and you can politely decline to answer any questions. Police officers will frequently attempt to manipulate by telling you that if you’re “innocent” and “have nothing to hide” you should be willing to answer questions. Don’t fall for this psychological manipulation. Stand firm and politely refuse to answer any questions.

What Should I Do If Arrested for DUI?

If you are arrested for DUI, you need to contact an experienced DUI defense attorney from Chambers Law Firm right away.

How Is It Legal for My Drivers License to Get Confiscated?

Knowing that everyone is supposed to be presumed innocent until proven guilty, many drivers wonder how it is possible for their license to be confiscated without due process. The answer is that this punishment is not a criminal penalty, but an administrative DMV penalty. As such it does not require due process.

How Do I Get My Drivers License Back?

If you contact the DMV within 10 days and request a hearing, it may be possible to stop the DMV administrative suspension from going into effect. This will result in you getting your license back, but you may lose it again if you are later convicted of a DUI offense.

Can I Legally Avoid a DUI Checkpoint?

Yes. DUI checkpoints must be clearly signed and advertised, so drivers can often see them coming up with time to avoid them. The key is, you must make sure that you do not commit any traffic violations or exhibit any signs of impaired driving while avoiding the checkpoint. Law enforcement cannot come after you simply for choosing not to come through the checkpoint, but they can stop you for suspicious driving behaviors.

Are Field Sobriety Tests Mandatory?

No. Field sobriety tests, including following a pen with your eyes, walking a straight line, balancing on one leg, etc. are not mandatory. There is no reason to consent to these tests and possibly provide the arresting officer with more evidence against you.

Are Chemical Tests Mandatory?

Yes. If you are under 21 or on probation for a prior DUI, you must consent to a PAS (hand-held breathalyzer) test during a DUI stop. Otherwise, you may refuse the PAS test, but you will most likely be arrested. At this point you will have to consent to a blood or breath test at the station or face serious penalties.

What is Mouth Alcohol?

Breathalyzer tests are supposed to measure the alcohol concentration down deep in your lungs. But because your breath passes through your mouth, any “mouth alcohol” that may be present will skew the results of your test. Common causes of mouth alcohol include:

  • Residual alcohol from a recent drink
  • Mouthwash or breath spray with alcohol
  • Medicines like Nyquil
  • Acid reflux and medical conditions
  • Burping or vomiting
  • Dentures or other dental work that trap alcohol

Arresting officers are supposed to watch DUI suspects carefully for at least 15 minutes before administering a breath test to guard against interference from mouth alcohol, but this is not always done, nor is it always effective. Mouth alcohol can play a very important role in your DUI defense argument.

What is Rising BAC?

Due to the way alcohol is metabolized in the body, it can take 30 minutes to 2 hours for your blood alcohol level to peak after drinking. This means that it is possible for your BAC to be within the legal limit while you are driving, but rise over the limit by the time a blood or breath test is administered. Since there are often significant delays between making a DUI stop and actually performing a chemical test, the defense of rising BAC can be very fruitful in a DUI case.

How Much Does a Good DUI Defense Lawyer Cost?

That depends on the complexity of your case, the number of hours required to build your defense, and whether or not you end up going to trial. At Chambers Law Firm, we do make an effort to work with our clients’ budgets so that they can get the assistance they need at a price they can afford.

What is DUI Probation?

DUI probation is one of the penalties associated with a DUI conviction. DUI probation is a type of informal or summary probation, meaning you do not need to report to a probation officer. Under the terms of your probation you will have to:

  • Refrain from committing any criminal offenses, including driving without a license or without insurance
  • Avoid driving with any measurable amount of alcohol in your system
  • Submit to a PAS test if stopped on suspicion for DUI

What is a Wet Reckless?

A wet reckless is a lesser charge that is often offered as part of a DUI plea bargain. This is beneficial not only because a wet reckless carries lighter penalties, but also because there is no mandatory jail time or mandatory license suspension for repeat offenders. However, the DMV suspension may still apply, and a wet reckless will count as a prior DUI if you get charged with another DUI in the future.

What is a Dry Reckless?

Like a wet reckless, a dry reckless is a charge that may be used as part of a DUI plea bargain in order to reduce the penalties on the table for the offense. The main benefit of a dry reckless over a wet reckless is that it does not count as a prior DUI if you get charged with another DUI in the future because is not considered an “alcohol related” offense.

What is an Interlock Ignition Device?

An interlock ignition device is a type of breathalyzer that can be installed in a vehicle. It prevents the vehicle from turning on if an illegal BAC is detected. Interlock ignition devices are often ordered as part of the penalties for multiple DUIs. However, in some California counties they may be ordered after the very first DUI conviction.

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