Frequently Asked DUI Questions

What should I do if I’m pulled over for DUI?

If you are pulled over for suspected driving under the influence in Orange County, there are certain actions you can take to positively affect any DUI charges that may follow:

• First, remain calm and be polite in all of your communication with law enforcement.
• Politely refuse to answer any questions regarding how much you have had to drink.
• Politely refuse to partake in field sobriety tests (these are not required by law).
• If asked, it is wise to comply with an officer’s request that you take a chemical test, most often a breathalyzer test, to determine your blood alcohol level. Refusal of a chemical test will result in the suspension of your driver’s license.
• Contact an knowledgeable attorney as soon as possible.

What is the pink slip of paper I received when I was arrested?

The pink slip of paper you receive upon arrest is a notice of suspension that your license will be suspended in 30 days. You have only 10 days from the date of your arrest to contact the DMV and schedule a hearing regarding the suspension of your license. If you fail to schedule a DMV hearing, your license will be automatically suspended after the 30 day temporary license expires.

Can an attorney help me with my DMV hearing?

Yes, a lawyer can schedule your hearing for you and offer you legal counsel. An attorney can also represent you at the DMV hearing in order to help you get the best outcome possible. Because an attorney will have the specific legal knowledge applicable to reinstating driving privileges, he or she will have more success than if you tried to represent yourself.

What are some DUI-related offenses a driver may face?

In addition to a standard misdemeanor DUI charge, a driver may face a felony DUI charge, multiple DUI arrests, DUI with injury, out of state DUI charges, vehicular manslaughter, or drugged driving charges. The lawyers at Gold & Witham handle all these types of cases.

What are the penalties for drunk driving?

For a first-time driving under the influence conviction, the penalties include: 120 day license suspension, community service, DUI rehabilitation programs, mandatory installation of ignition interlock device, fines and court fees, and a county jail sentence of up to six months.

Will my license be suspended?

When arrested for driving under the influence, your driver’s license will be suspended if:

• You fail to schedule your DMV hearing within 10 days of your arrest
• You refuse to submit to a breath test or blood test to determine your blood alcohol level
• Your lose your DMV hearing
• You are convicted of driving under the influence—either with a blood alcohol concentration of 0.08% or higher or because your driving abilities were impaired by alcohol and/or drugs

Is the legal limit different for commercial & underage drivers?

A commercial truck driver may be charged with driving under the influence if his or her blood alcohol concentration is 0.04% or higher, and a driver under 21 may be charged with intoxicated driving if driving with a blood alcohol concentration of 0.01% or higher.

What are the laws against drugs and driving?

In California, DUI laws also apply to driving under the influence of drugs or any combination of alcohol and drugs. This includes even prescription drugs or over-the-counter drugs (ex: cough syrup and wine). The penalties are the same for intoxicated driving and drugged driving per § 23152 of the California Vehicle Code.

Still have questions? We invite you to contact us today. We look forward to hearing from you and answering your questions!