FAQ's
FREQUENTLY ASKED QUESTIONS ABOUT CALIFORNIA DUI CASES

Q) What are Field Sobriety Tests?

A) Field Sobriety Tests (FST) are physical/agility tests used by law enforcement officers to determine if your ability to operate a motor vehicle may be impaired by alcohol or drugs. Law enforcement officers may require a person to take a series of these tests before deciding to make a DUI arrest. These tests and the officer's observations of your performance, will generally be documented in the officer's report should you be arrested for DUI.

Q) Why did the Officer take my Driver's License?

A) After an arrest, the arresting officer will confiscate your California Driver's License and issue you a Temporary License and Order of Suspension. This temporary license is good for 30 days after issuance by the officer. The Officer then turns your driver's license over to the DMV. Contained within this paperwork is a notice advising you that you have 10 days to challenge the suspension of your California Driver's License. If you do not request a DMV administrative hearing within this 10 day period, you will forfeit your right to be granted a hearing on this matter.

Q) What is the 10 Day Rule?

A) From the date of a person's arrest for Driving Under the Influence, he/she has only 10 days to request a DMV Administrative hearing, so that you may contest the suspension of your license. Failure to timely request a hearing will cause you to suffer the loss of a DMV Administrative hearing; consequently, you will lose your right to fight your suspension.

Q) How long will my Driver's License be suspended?

A) Upon a first arrest for Driving Under the Influence, you're driving privileges can be suspended up to six months. If you are arrested again for Driving Under the Influence within ten years of your first arrest, your license could be suspended for up to one year.

Q) What if I refused to take a Chemical Test?

A) If you refuse to take a chemical test to determine if you are under the influence of drugs or alcohol, you will lose your license for one year. A second refusal within 10 years of your first arrest will result in a two year suspension.

Q) Will I go to Jail?

A) You could face jail time for any DUI conviction, including a first offense. However, a skilled DUI attorney, with the Arnold Law Group, can help you avoid maximum penalties and possibly avoid jail time as well. The severity of the penalties you will face depend upon several factors, including your blood alcohol concentration at the time of your arrest.

Q) What is BAC?

A) BAC is an acronym for Blood Alcohol Concentration. This is the percentage of ethyl alcohol determined to be in your blood. There are two accepted testing procedures used in California to determine blood alcohol levels, one is a breathalyzer test and the other is a blood test. Neither test is 100% reliable.

Q) What is the legal limit of Blood Alcohol Concentration in California?

A) In California, if your BAC is .08% or greater, you are considered to be legally drunk, regardless of your ability to operate a motor vehicle.

Q) Is the Test Accurate?

A) Determining the content of alcohol in a person's blood is not an accurate process. For example, machines can fall out of calibration, or blood tests can be skewed. Further, factors such as gender, weight, disease, body temperature etc., should be accounted for, but often are not.

Q) What is a blood re-test?

A) Our skilled DUI Attorneys at the Arnold Law Group, will request that a portion of your blood sample be independently re-tested. We do this to confirm the accuracy of the result and to measure the level of chemical preservative in the blood sample.

Q) Why Hire a DUI Attorney?

A) A qualified and skilled DUI Attorney has the training, knowledge and experience to successfully defend your DUI case. By hiring a skilled DUI Attorney with the Arnold Law Group, you will insure that your rights are fully protected throughout your criminal case.

Q) Should I request a jury trial?

A) Our attorneys at the Arnold Law Group, are highly skilled at defending your rights concerning drunk driving cases. We pride ourselves in being fully prepared to defend you during each and every step of the legal process. We also pride ourselves on communicating the benefits of going to a jury trial should you decide to do so. Our level of preparedness and our resolve to try cases in front of a jury, oftentimes leads to reduction of charges and other settlement offers.