Santa Monica DUI Attorney
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 the Law Offices of Loren M. Merlin 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 conviction.
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!