Santa Monica DUI Attorneys
DUI Frequently Asked Questions (FAQ)
Why should I hire a DUI attorney?
When a person is charged with or arrested for DUI (driving under the influence) they should always hire a professional Santa Monica DUI defense attorney. An experienced and skilled attorney will understand your legal rights, in addition to the many California laws that surround DUI charges. At Gutierrez, Curtis & Gutierrez we protect clients throughout Santa Monica, California facing DUI charges. Please contact our firm immediately to schedule a free case consultation if you or a loved one has been charged with any type of driving under the influence offense including: DUI, DWI (driving while intoxicated), DUID (driving under the influence of drugs), underage DUI, 1st offense DUI, 2nd offense DUI, felony DUI or a DUI accident.
What is the California “Implied Consent Law”?
In the state of California when a resident is issued a California driver's license they agree at that time to allow law enforcement to administer a blood/breath/urine test if they are suspected of driving under the influence of alcohol/drugs. This agreement is part of California’s “Implied Consent Law” and failure to abide by this law may result in an automatic driver’s license suspension, regardless of the outcome of a criminal court case.
What is blood alcohol concentration?
Blood alcohol content, often referred to as blood alcohol concentration or BAC, is the concentration of alcohol within a person’s blood. Anytime a person has a BAC at or above 0.08%, they may face a DUI arrest and a possible DUI conviction. If you or a loved one faces DUI charges, please contact Gutierrez, Curtis & Gutierrez to meet with a qualified Santa Monica DUI lawyer today.
Why do I have to schedule a DMV Hearing?
A person should schedule a DMV (Department of Motor Vehicles) Hearing if they want to fight to keep their driving privileges. Failure to schedule a DMV hearing can result in an automatic license suspension. The DMV hearing is separate from a criminal court case and even when a person is found “not” guilty in a court of law they can still have their driver’s license suspended by the DMV.
What penalties can I receive for a first offense DUI?
A person charged with a first offense DUI in California will face a jail sentence, heavy fines, driver’s license suspension, probation and parole in addition to several other very serious penalties. If you or a loved one has been charged with a 1st offense DUI, please contact a Santa Monica DUI attorney at our firm immediately. We may be able to have charges lowered or dismissed completely. Also, in many instances if a conviction cannot be avoided we may be able to obtain alternative sentencing in exchange for jail time.
Can I be arrested for driving after taking a prescribed drug?
Yes. If you are deemed to be driving recklessly and negligently while putting yourself or others at risk while under the influence of a medical prescription you can face serious DUI charges. However, law enforcement will need to prove beyond a reasonable doubt that you were a risk while driving and the prescribed drugs were indeed the reason for your actions.
Questions about DUI? Contact a Santa Monica DUI lawyer today!