Frequently Asked Questions About California DUI Laws
If you or someone you know has been arrested on a DUI or drunk driving charge, it is critically important to seek legal advice and representation as soon as possible. The sooner you get an advocate involved on your side, the better your lawyer's opportunity to protect your legal rights and build a strong defense on your behalf.
At The Law Offices of Johnson & Johnson, we have more than 15 years' advanced experience defending our clients against all types of DUI and DWI charges. We have offices in Pittsburg and Walnut Creek, California, and we offer all new clients a free and confidential initial consultation.
This page offers answers to some of the most frequently asked questions (FAQs) about DUI laws. For information about your specific circumstances, contact us to schedule an appointment.
Can the Police Take My License When They Arrest Me?
Yes. California was one of the first states in the country to enact DUI laws allowing police officers to confiscate a driver's license on the spot at the time of an arrest. You then have only 10 days to request a hearing to ask for a provisional license. These hearings are highly technical and should be viewed as part of your larger DUI defense strategy. See our DMV License Suspension page for additional information.
Do I Have to take the Preliminary Alcohol Screening (PAS) Test?
NO, under California law you are not required to submit to a roadside Preliminary Alcohol Screening (PAS) test. California DUI laws require the officer to inform you that you have a right to refuse the PAS test. Under California's DUI laws as they currently stand, you are only required to submit to an official alcohol breathalyzer test, a DUI blood test or a urine test (if no breath or blood test is available) for blood alcohol content (BAC; sometimes referred to as blood alcohol level or BAL). this legal requirement is also called "implied consent law" See our DUI Investigation page for additional information.
Please note though new law requires you to submit to a PAS test if you are currently on probation for a prior DUI. If you refuse while on probation a one year suspension of your license will occur for failure to submit to the test. In addition if you are a minor you are required to submit to the PAS test.
Can I Be Arrested for Drunk Driving if My Blood Alcohol Content Is Under .08?
Yes. If the result of your BAC test is .08 or higher, then you are presumed to be intoxicated and no further sobriety test is required by law. However, if you are under 21, you may be arrested for drunk driving if you exhibit any signs of driving while impaired. People of any age may be arrested for drunk driving even if their BAC is under .08 if they exhibit, according to the police, other signs of impairedness.
If My BAC Is Over .08, Should I Just Plead Guilty?
Not without talking to an experienced DUI attorney first. It is possible that the equipment used to test your BAC malfunctioned, was not properly maintained, or was operated by someone without the proper certification, or a myriad of other breath testing defenses may apply. It is also possible that the police did not have probable cause to stop you in the first place. Any of these facts may make it possible for your criminal defense lawyer to successfully defend you against a DUI charge.
Contact The Law Offices of Johnson & Johnson
Since 1993, Johnson & Johnson has built a strong reputation as fierce advocates on behalf of people facing criminal drunk driving charges. Your future — and your clean criminal record — are as important to us as they are to you.
Contact us today to schedule a free initial consultation.
