Frequently Asked DUI Questions
I took a breath test and blew a 0.10. Am I going to jail?
Just because a breathalyzer test showed your blood alcohol concentration to be .08% or higher (above the legal limit) this does not mean that you will be convicted for driving under the influence. Even if you are convicted of DUI, your penalties may not include jail time. Whether you work with a competent Long Beach DUI attorney, and whether that attorney is qualified and aggressive, will likely determine whether you may be convicted and what penalties you will face.
Police have evidence of my high BAC. What can you do?
Even when law enforcement has conducted a breath test or blood test and determined that your blood alcohol level was above the legal limit, there are still a number of DUI defense techniques that a Long Beach DUI defense lawyer can use. While specific strategies will vary from case to case, it is important to remember that there is almost always an option.
Do I have to schedule a DMV hearing?
Yes. You have 10 days from the date of your DUI arrest to contact the DMV and schedule a hearing regarding the suspension of your driver's license. If you do not schedule this hearing, your license will be automatically suspended 30 days after the date of your arrest. Note: Your Long Beach DUI lawyer can schedule this hearing for you and represent you at the hearing.
Do I have to take a blood or breath test?
After you have been arrested for driving under the influence, the officer will most likely ask you to submit to some form of chemical test to determine your blood alcohol level. While you can refuse this test, your refusal will result in the suspension of your license.
What is the legal limit for drivers under 21 years old?
A driver who is under the age of 21 cannot drive with a blood alcohol concentration (BAC) of 0.01% or higher. Under California's "Zero Tolerance" law, a driver under 21 who is discovered to have a BAC of 0.01% or higher may face driver's license suspension for 12 months.
Do different drunk driving laws apply to commercial drivers?
It is illegal for commercial truck drivers to operate a vehicle with a BAC of 0.04% or higher, and some penalties, particularly in regards to license suspension, may be more severe.