Los Angeles, California

Why You Should Not Drink / Drive

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Why You Should Not Drink and Drive in CALIFORNIA?

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Definition, Sanctions or Penalties

Don’t take chances… A police officer can stop you for a number of reasons, including minor traffic violations such as a defective brake light or very dark windows. If the officer suspects you have been drinking, this can lead you to jail.

How long will I have to stay in jail if I am charged with a DUI?

Jail can be a very dangerous place, especially the county jail in Los Angeles, where one may be beaten and/or raped, even during a brief stay. A person accused of DUI may be detained and released on their own recognizance depending on the circumstances. In some cases, a person charged with a DUI may be required to pay bail to be released.

If a person has an immigration hold, they may remain in jail until the DUI charge is resolved. Then they might face a deportation process.

Is a DUI a felony?

DUI is generally a misdemeanor, punishable by up to one year in jail. A fourth DUI within a 10‑year period may be charged as a felony.

Can one be charged with murder?

Yes. If someone dies as a result of driving under the influence of alcohol or drugs, one can be charged with murder.

Am I required to take a Field Sobriety Test (FST) for a possible DUI?

A field sobriety test is when the officer asks you to exit your vehicle and perform a series of maneuvers. You are not legally required to take this test. You should politely decline.

Do I have to submit to a breathalyzer or a blood test?

Yes. In the state of California, you are required to submit to one. Refusing or failing to cooperate constitutes a separate criminal offense.

Want to be cooperative, but don’t wish to volunteer unnecessary information?

A field sobriety test is when the officer asks you to exit your vehicle and perform a series of movements. You are not legally required to take this test. You should politely decline.
A handheld Preliminary Alcohol Screening device (PAS) is often confused with a breathalyzer. You are not required to take the PAS; you should decline it politely—PAS is unreliable and its result can be harmful to your defense.

Do I have to take the Preliminary Alcohol Screening (PAS) test?

The PAS is a small handheld device. Many people often confuse this test with a breathalyzer test. You are not required to take the PAS test, and you should politely decline it. The PAS can be somewhat unreliable, and the result may be harmful to your defense.

Will my license be suspended?

If you are charged with driving under the influence (DUI), the officer may seize your driver’s license and issue a written notice that you have a temporary license (valid for 30 days). The notice will also state that you have 10 days to request a hearing with the Department of Motor Vehicles (DMV).

In some cases, this notice may be delivered by mail.

When can I request a restricted license?

A restricted license will allow you to drive to school, work, and alcohol and drug programs. You may request a restricted license from the DMV after a 30‑day suspension.
The DMV hearing is administrative and is conducted in person or by phone. It is separate from a court proceeding. If the DMV hearing is not favorable, you will receive notice by mail that your license or driving privilege is suspended. You may file a written request for departmental review within 15 days of the decision with a fee of $120. You can also file a lawsuit in court against the DMV to challenge the DMV’s decision.

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