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No. However, if you refuse to submit to chemical testing, you will automatically lose your driving privileges for a period of time. As covered under California’s Implied Consent Law (VC Section 23612 (a)(1)(A)(D)), “failure to submit to, or the failure to complete, the required chemical testing will result in a fine, mandatory imprisonment if the person is convicted of a violation of Section 23152 or 23153, and (i) the suspension of the person’s privilege to operate a motor vehicle for a period of one year, (ii) the revocation of the person’s privilege to operate a motor vehicle for a period of two years if the refusal occurs within 10 years of a separate violation.”
Do I have to attend an alcohol education program?
As mentioned above, upon conviction of a Napa DUI, the court generally will require as a condition of probation that you complete an alcohol-education program. Generally, first offenders are required to attend a program for three months. For second and subsequent Napa DUI convictions, the courts typically require offenders to attend a program anywhere from 18 months to 30 months.
What defenses do I have to fight my Napa DUI charge?
There are a number of defenses that may be used when defending a Napa DUI defendant. The circumstances and the individual case determine which ones are best to use. A skilled Napa DUI lawyer will make an assessment in order to determine which defenses are best to use. Firstly, an experienced Napa DUI attorney will determine whether or not the police followed proper protocols before, during, and after the arrest. If the police did not, then the Napa DUI lawyer will be able to create certain defenses against the DUI charge. Other things that are looked at when creating DUI defenses are:
- Was the defendant actually driving? It must be proven beyond all doubt that the defendant was, in fact, driving. The fact that one is intoxicated in itself does not prove that he or she was driving while intoxicated. Sometimes this is difficult to prove because there aren’t any witnesses.
- Did the police have probable cause to stop you? The police must have probable or “legal cause” to stop, detain, and make an arrest. For instance, if the arrest occurred as a result of a roadblock, was the roadblock conducted in a constitutionally permissible manner and was a neutral mathematical formula utilized in stopping drivers? These factors and others will be examined when creating a Napa DUI defense.
- Did the police violate any constitutional provisions, state regulations, statutes, or other legal authority?
- Were you read your Miranda rights? Failure of the police to do so, can sometimes help a Napa DUI attorney get suppressed any incriminating statements that you might have made to the police during the arrest process.
- Were you advised of your right to refuse chemical testing? In the state of California, implied consent warnings that are not given can sometimes affect the admissibility of test results both in the court case and at the Department of Motor Vehicles Administrative hearing. In some instances, test results may be thrown out (can’t be used against you) if you were not advised of your right to reuse chemical testing.
- What type of chemical test did you submit to and how was it administered? When it comes to chemical testing (i.e., both breath and blood testing), there are a number of defenses that can be raised. For instance, was the breath test machine working properly and calibrated properly? Also, where was the breath test administered? Sometimes radio frequency interference can result in an inaccurate reading. In addition, was the blood sample properly mixed? These are just some of the issues that will be examined by a skilled Napa DUI attorney when creating a Napa DUI defense.
Will I have to go to court for my Napa DUI?
If you are charged with a misdemeanor Napa DUI, then most often our skilled Napa DUI attorneys can appear on your behalf. Nonetheless, each Napa DUI case is unique and this decision is best made after all factors of the case are fully reviewed.
Should I have a jury trial?
As experienced Napa DUI lawyers, we will examine all factors of your case to determine whether or not a jury trial is in our clients’ best interests. The particular circumstances of one’s case determine whether or not a jury trial is best.
Can I still drive if I am convicted of a Napa DUI?
It is important to note that the Department of Motor Vehicles (DMV) procedures as well as any penalties imposed by the DMV are separate from the Napa County court proceedings. You have ten (10) days from the date of your arrest to request a hearing at the DMV. Failure to do so will result in the automatic suspension of your driving privileges. Your right to drive in the state of California is a privilege and the DMV does have the power to suspend, revoke, or restrict your driving privileges. If this is your first Napa DUI charge and you have not had your license suspended in the past, typically the DMV will impose a four-month suspension. If you were under the age of 21 at the time of your arrest or refused to submit to a chemical test, there is a mandatory license suspension period of one year. However, in some instances, it is possible for a skilled Napa DUI attorney to petition the DMV for a restricted driver’s license, which would allow you to drive to and from work, to and from an alcohol treatment facility, and other specifically designated area. If this is a subsequent DUI offense within a 10-year period, the DMV generally will suspend your driving privileges for at least a year.
Can I drive before my DMV hearing?
If you or your Napa DUI lawyer obtains a postponement of your license suspension pending the determination that will be made by the DMV after your hearing, you will be allowed to drive. However, as previously mentioned, it is important that the DMV is contacted within ten (10) days of your arrest in order for this postponement to be obtained.
What occurs at the DMV hearing in Napa County?
This hearing is your only opportunity to challenge the DMV’s attempt to restrict or suspend your driving privileges. A hearing officer of the DMV will conduct the hearing and make the final decision as to whether or not your license should be suspended, restricted, or revoked and for how long. The only issues that are discussed at this hearing, according to the law, are:
- If you submitted to chemical testing, did the police officer have reasonable cause to stop you because he or she believed that you were driving in violation of Vehicle Code Sections 23140, 23152, or 23153?
- If you refused or failed to complete chemical testing, did the police have reasonable cause to believe that you were in violation of Vehicle Code Sections 23140, 23152, or 23153?
- Where you lawfully arrested?
- Were you driving a motor vehicle while your blood-alcohol-concentration was .08% or more (.05% or more if you are under the age of 21 years)?
- Were you advised of your rights to refuse chemical testing? Also, did the police advise you that doing so would result in the suspension of your driving privileges for one year or their revocation for two to three years?
- Did you refuse to submit to chemical testing after being requested to do so by a police officer?
Prior to the hearing, you or your Napa DUI attorney should request copies of all documents and police reports in the DMV’s possession. During the hearing, oral testimony as well as written documentation and other evidence may be presented. While it is not required that the arresting officer testify at this hearing, either the DMV or you and your Napa DUI attorney can subpoena the officer to testify. In addition, any other witnesses that you may feel will be of help in the case can also appear and testify at this hearing.
If, after all evidence and testimony is presented, the DMV determines that there is no basis for your driving privileges to be suspended or revoked, then you will be allowed to continue to drive. The DMV will notify in you writing if the suspension or revocation is set aside. If, however, you lose at the hearing and it was determined that your driving privileges should be suspended or revoked, you may request a departmental review within 15 days. There is a cost of $150 for this review. Otherwise, you may request that the court conduct a review of the DMV’s determination by having your Napa DUI attorney file a writ with the Superior Court.
Do I have to appear at my DUI hearing?
Our skilled Napa DUI lawyers may be able to present your case solely upon the written documentation in your case; however, sometimes it is best to have witnesses testify, including yourself, the arresting police officer, and possibly a blood-alcohol expert.
What is a restricted driver’s license?
A restricted driver’s license “restricts” your driving privileges, allowing you to drive only to certain places and sometimes only at certain times. Most often, when it comes to obtaining a restricted driver’s license because of a Napa DUI, you generally are allowed to drive only to and from work, school, alcohol education classes and the grocery store. Our experienced Napa criminal defense lawyers can help you obtain a restricted driver’s license if you are eligible to receive one.
What is an Ignition Interlock device and am I required to get one?
An ignition interlock device is an instrument that is installed in your vehicle and that requires you to blow into it so that your engine will start. If the device detects the presence of alcohol on your breath, the vehicle will not start. Generally, first-time DUI offenders are not required to have an ignition interlock device installed. Typically, courts will order the installation of the ignition interlock device in the vehicles of those who are subsequent offenders or who had a blood-alcohol concentration of .20% or greater. The courts may require that the device be kept on an offender’s vehicles for up to three years.
Why hire a Napa DUI Lawyer?
If you have been charged with drunk driving in Napa or Sonoma Counties, it is critical to have an experienced DUI criminal defense lawyer represent you. Failure to retain a Napa or Sonoma DUI lawyer almost always guarantees that you will be convicted and that your driving privileges will be suspended. A skilled Napa DUI lawyer has the knowledge and experience you need to fight your DUI charge. By retaining a Napa or Sonoma DUI lawyer, you help to ensure that your rights are protected and that the best possible outcome is obtained.
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