DUI: Frequently Asked Questions

How do I choose between attorneys ?   

Is the prospective attorney active in DUI organizations such as the California DUI Lawyers Association and the National College for DUI Defense?  Is the person certified or have they taken the training courses that the law enforcement officers have, such as the NHTSA (National Highway Traffic Safety Administration) training on field sobriety tests, or the breath machines?  Does the attorney stay educated to the ever changing laws related to DUIs?  Mr. Geller has done all of these things, and more.

Can I get a restricted license if I end up with a suspension by the DMV ?  

There are new laws which will take effect July 1, 2010.  These new laws will affect the ability for multiple offenders to obtain a restricted license without having to wait out the usual one year suspension.  You should have an attorney who is aware of these changes and can properly navigate your case to get you back on the road as soon as possible so as to not disrupt your personal and professional life.

What is the legal limit of intoxication in California?If you are driving or otherwise operating a motor vehicle, your blood alcohol concentration (BAC) must be below .08%. If your BAC is .08% or more, you may be found guilty of driving under the influence. 

What if you’re under 21? Is the legal limit different? California observes a “zero tolerance” law, which means a driver under the age of 21 must have a BAC below .01%. The intention is to discourage underage drinking.

What should I do if I am arrested? A soon as you can, it is important to contact a DUI attorney who will be able to represent you from here on out. Not only can your attorney represent you at your Los Angeles DMV hearing, they will help you through the entire court process so you get the best outcome possible.

Do I have to agree to a breath or blood test? Technically, you do not have to agree to have your blood, breath or urine tested for alcohol. However, if you refuse, you may automatically lose your license for a period of time. This is covered under California’s implied consent law, which basically provides that by driving, you have given your consent to be tested for intoxication (if you are believed to be driving under the influence.).  NOTE - if you have a prior conviction for DUI within the last 10 years, or if you are on probation for a DUI, the laws are a bit different.  The lawyer needs to be fully informed of your record before accurately assessing your situation.   

What is a field sobriety test? A field sobriety test is one of a number of tests that a law enforcement officer may use to determine whether you are intoxicated. This can include following an object with your eyes, standing on one leg, or walking in a straight line.  There is a difference, which most police officers neglect to point out consistently, with a STANDARDIZED field sobriety test and a field sobriety test.  NHTSA, the number one authority on training for these tests, has standardized a few of these tests, while pointing out that the others are not as reliable.  Mr. Geller has taken the training through NHTSA, and can exploit these problems during your case.

What is a “breathalyzer”? A breathalyzer is a form of breath testing device that is used to measure the level of one’s blood alcohol by testing their breath. This form of testing is not necessarily reliable, particularly in portable breath testing devices used in field sobriety testing.  

Have you been arrested for DUI in Pasadena, Glendale, Burbank, Los Angeles, Santa Clarita, El Monte, East L.A., Hawthorne, Beverly Hills, Arcadia, Sierra Madre, or in Orange County, San Bernardino County, Riverside, or Los Angeles County? Contact us today!