The Answers You’ve Been Looking For On California DUI Questions
No one wants to get pulled over for anything, much less a DUI. But it happens. When it does, you need to understand your rights. Attorney Matthew Springmeyer offers an aggressive California DUI defense.
Having previously worked with the prosecution, he understands how the U.S. Attorney’s Office builds a case. He also understands the limitations that the office has when it comes to proof and making charges that stick.
He offers a free consultation if you have been arrested or charged with a DUI anywhere in California. Call 619-365-4206 to arrange a meeting.
As a seasoned DUI defense attorney, he has encountered many questions about the process. Here are six of the most commonly asked questions. As an attorney who also practices immigration law, he can assist with cases that involve residents who are not documented or who are in the naturalization or citizenship process.
Do I need to take a breathalyzer in California?
Yes and no. When you got your driver’s license, you agreed to the rule that came with that privilege. One of those rules is that you agree to submit to a blood or breath test if you are arrested for DUI. This is called “implied consent.” However, because the handheld roadside breath test equipment has been shown to be less than 100% accurate, you can lawfully decline to take the roadside test. You must comply and take the breath or blood test that is given to you after you are arrested and taken to the police station. Because each traffic stop is different, and because refusing or agreeing to take the roadside test can work for or against you, it is in your best interest to immediately consult an attorney if you have been arrested for DUI in California.
Is the field sobriety test required, or can I refuse it?
These tests are not required. You can refuse to take the field sobriety test (FST) and most likely should for a variety of reasons. There are a number of reasons for refusing to take this test. One reason is that you may have an existing health condition such as BPPV that causes you to be dizzy and unbalanced with certain head movements. A second reason is that some medications can cause you to be unstable on your feet. A third reason is that the road may be slanted or cracked and could cause you to lose your balance. A fourth reason is that you may be very nervous or tired, and this could also affect your ability to pass the FST. Your weight and physical ability will also affect your FST results. Additionally, the FST is subjective. If the officer was not properly trained, they will not be able to accurately perform the test to get a true indication of sobriety. In most cases, it is in your best interest to refuse this test as the results are not always accurate and can be used against you.
What happens if I am convicted of drunk driving in California?
If this is your first offense, you may be looking at three years of informal probation and fines of about $2,000. Many times as a first offender, you may be required to take a one-month, $500 alcohol awareness program.
California DUI attorney Matthew Springmeyer will assess the charges and create an aggressive plan for your defense that meets your outcome goals. If you have been charged with drugged driving or with drugs in the car, you may also wish to seek experienced criminal defense representation.
Will I lose my driver’s license if I am not convicted of a DUI?
This depends on the details of your case. Generally speaking, if you do not plead guilty to the DUI charge during your arraignment and are not found guilty, it is very likely that you can keep your driving privileges. However, you must contest the California DMV review or your license will be suspended. If you do not contest the review and are found not guilty, your license will still be suspended. You must request a DMV hearing within 10 days of your arrest. An attorney will know when to pursue lesser charges, such as reckless driving, which will not trigger a license suspension. There are strict deadlines and required hearings when you are facing license suspension. An attorney can represent you in these hearings.
If I am a recent immigrant, have a green card or am undocumented, do I need a special attorney?
If your immigration status is anything other than citizen, it is in your best interest to enlist the legal representation of an attorney who is an immigration attorney as well as a criminal defense attorney. There are so many facets to U.S. immigration laws and protections that an attorney who is not an immigration attorney may not be aware of.
Deportation is a very real consequence for immigrants facing some types of DUI charges. For example, if there are drugs involved, if a child is involved or if there are other issues with your driving record, you could be facing deportation or other serious negative consequences to the immigration process. The DUI charge is only part of the issue; the other part is that as an undocumented immigrant, you may also be facing charges related to being “present unlawfully.” Here is where an immigration attorney can make a difference.
Why should I hire attorney Matthew H. Springmeyer?
Issues related to DUI, drugs and immigration require knowledgeable and aggressive representation. If you are looking for an attorney who will be there with you, walk you through the entire process and explain each step of the process, Mr. Springmeyer is an attorney who does this. Mr. Springmeyer has been recognized as one of The National Trial Lawyers Top 40 Under 40, has a 10 Avvo Rating, is listed as a Super Lawyers Rising Star. He has nearly a decade of experience and established his firm in 2015.
Take The Next Step In Getting The Answers You Need
To get a free consultation, call 619-365-4206 or email the Law Office of Matthew H. Springmeyer. The firm serves clients in San Diego and handles criminal defense cases throughout Southern California. As immigration law is nationwide, Mr. Springmeyer accepts immigration cases throughout California and across the United States.