DUI DEFENSE FREQUENTLY ASKED QUESTIONS

We are dedicated to serving clients in Southern California (Orange, Riverside, Los Angeles, SA Bernardino, San Diego counties). Being as Halley is licensed in both California and Florida, she also handles some criminal matters – mainly DUIs – in South Florida (Miami-Dade, Broward, and Palm Beach counties).

Both California and Florida share a common definition of DUI, operating a motor vehicle while impaired by drugs or alcohol and/or with a blood alcohol content (“BAC”) of .08 percent or higher.

If you are facing these charges, take proactive steps to defend yourself by reviewing the FAQs below. Then, contact our offices at (949). 340-0102 for a complimentary case evaluation. Our team is available 24/7, so don’t delay seeking the legal support you need.

Remember, no concern is too small. You can call any time.

When Can Police Pull Someone Over for DUI?

Law enforcement officers have the authority to initiate a traffic stop if they observe any signs of intoxication or detect a violation of vehicle codes for which a citation may be issued. This includes minor infractions such as tinted windows, driving in the carpool lane, failure to stay in your own lane, expired tags, or cellphone usage. Any violation that could result in a ticket provides sufficient grounds for a lawful stop by an officer.

When Can a Police Officer Make a DUI Arrest?

In general, there are two primary circumstances under which an officer can make a lawful DUI arrest. The first is when a suspect fails any of the field sobriety tests, which is considered sufficient grounds for arresting them for intoxicated driving.

The second is if a suspect fails a breath or blood test, where the legal BAC limit to operate a vehicle in California and Florida is .08 percent. If a person’s BAC exceeds this threshold, they can be arrested for DUI.

What is Blood Alcohol Concentration (“BAC”)?

Blood alcohol concentration (“BAC”), also referred to as blood alcohol content, is the ratio of alcohol in your bloodstream. When you consume alcohol, it rapidly enters your bloodstream and undergoes multiple cycles before it is fully processed by your liver.

Breath and blood tests are commonly employed to measure the alcohol percentage in your blood by volume. Note that the legal BAC limit in California and Florida is .08 percent.

What is a Field Sobriety Test?

Following a traffic stop, an officer may conduct a series of tests to evaluate your motor skills, attention, and concentration. The National Highway Traffic Safety Administration (“NHTSA”) utilizes standardized tests, including the Horizontal Gaze Nystagmus (“HGN”), the Walk-and-Turn test, and the One-Leg Stand test. Failing any of these assessments could lead to an arrest; nevertheless, there are various factors that could potentially challenge the validity of these test results and result in dismissal of charges.

How Do I Fight My DUI Charges?

There are multiple avenues to challenge DUI charges – but you really need a skilled attorney on your side! Halley is that and more. If you were arrested based on a failed field sobriety test, you may have grounds to demonstrate that factors such as medication, fatigue, or intimidation, and not alcohol, influenced your performance. Additionally, it is possible that the arresting officer did not administer the tests accurately, which could potentially invalidate their results under courtroom scrutiny. Breathalyzers are sensitive instruments, and improper usage and/or lack of calibration procedures by the officer could also be a basis for challenging the results.

When Should I Hire A DUI Lawyer?

Act promptly to allow for ample time to construct your defense and vigorously combat your charges. Delaying may diminish the opportunity to fully prepare your defense case and protect your rights.

Will I Lose My Driver’s License?

Absolutely. In California, failing to take action will result in your license being suspended 30 days after your arrest. However, if you reach out to us within 10 days of your arrest, we will promptly communicate with the DMV and request a freeze on any actions affecting your license until you have been afforded your right to due process and an administrative hearing.

In Florida, if you are charged for driving under the influence, you’ll have to deal with a DUI license suspension immediately. You will still be able to drive your car though, using the DUI ticket as your license, but only for 10 days from the date of your arrest and only for business purposes, which include the following:

• Commuting to/from work
• Going to the grocery store
• Going to church
• Driving to court or to your lawyer’s office

To save yourself from DUI license suspension in Florida, you need to challenge the suspension of your license with the Department of Motor Vehicles (DMV) within 10 days from the date of your arrest. This is not much time at all, so you must act quickly to hire a lawyer.

In every DUI case, hiring a legal representative can help you avoid harsh penalties (assuming you seek help immediately) by helping you contest a license suspension with the state’s Department of Motor Vehicles.

Will I Need An Ignition Interlock Device (“IID”)?

The requirement for an Ignition Interlock Device (IID) depends on various factors such as the specifics of your case and the jurisdiction of your offense. For instance, in Los Angeles County, a first offense may result in an IID being ordered. In some other counties, an IID may be required if your blood alcohol content (BAC) is .15 percent or higher for a first offense. For subsequent DUI offenses, installation of IIDs is typically mandated by the court.

Do I Need A DUI Defense Attorney? Yes!

While you are presumed innocent until proven guilty, it’s important to recognize that the court may place more trust in law enforcement officials compared to the accused. This bias could potentially lead to a presumption of guilt from the outset. However, with the assistance of a skilled lawyer who is trained and experienced in presenting a robust defense, it may be possible to prove that you have been wrongly charged with drunk driving.

Hire The Best for DUI Defense in Florida and California

Halley Peters at HJP Legal is a seasoned defense attorney dedicated to ensuring those detained or alleged to have violated the law receive the very best outcome legally and personally. She has over a decade of experience practicing and is licensed in both California and Florida.

If you seek a highly-qualified attorney who is passionate about defending clients’ rights fighting DUI charges in Southern California or South Florida, Halley J. Peters is the one to contact. The phone number for the best DUI lawyer in Orange County and Southern California or the Miami-Dade and Broward/Palm Beach communities in South Florida is (949) 340-0102, anytime day or night

Remember that with Halley, no concern is too small.