DUIs and DMV
When arrested for driving under the influence, the driver faces serious punishment (including jail time) in the criminal courts, as well as loss of driving privileges. To protect your drivers license, you must ask for a DMV hearing within 10 days of your citation or arrest. The Law Offices of Justin Kirk Tabayoyon can request your DMV hearing for you as part of the comprehensive handling of your DUI defense.
The DMV hearing is an administrative proceeding regarding the suspension or revocation of your driving privilege. At the DMV hearing, the issues that can be addressed are whether the peace officer had reasonable cause to believe you were driving a motor vehicle in violation of vehicle code section 23140, 23152, or 23153; whether you were placed under lawful arrest; whether you were driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood; whether you refused or failed to complete a blood, breath, or (if applicable) a urine test.
DUI criminal charges are prosecuted in the local Superior Courts. Convictions can require minimum, mandatory jail sentences and years of probation supervision. Any conviction stays on your record for ten years and can result in additional drivers license suspension/revocation.
In order to preserve your rights and get the best possible outcome, you need to contact a criminal defense DUI attorney. Contact a criminal defense attorney at the Law Offices of Justin Kirk Tabayoyon as soon as you are arrested for DUI. Make sure to bookmark this website in your smartphone or keep a business card handy. The Law Offices of Justin Kirk Tabayoyon will either try to obtain a favorable settlement or aggressively defend you at trial.
Field Sobriety Tests (FST)
A Field Sobriety Test (FST) is an investigative tool used by law enforcement. The goal of a police investigation is to obtain evidence to secure a criminal conviction. FSTs are a means law enforcement uses to obtain DUI convictions.
Many people erroneously believe that FSTs are mandatory and that failure to voluntarily submit to a FST will result in a criminal charge or suspension of their driver license. You do NOT have to submit to a FST. The implied consent to CHEMICAL TESTING that comes with a California driver license only applies AFTER arrest and does NOT extend to FSTs. After you are arrested for DUI, only then must you submit to CHEMICAL TESTING of your blood, breath, or urine to avoid suspension of your driver license.
If you consent to performing a FST, you are putting yourself at the mercy of an officer's subjective perception. You can be fairly certain that if you voluntarily agree to to a FST, the arresting officer will claim you failed the test and testify to that fact in court. Moreover, there are very valid reasons why you may be unable to perform the FSTs to the officer's satisfaction despite not being under the influence of drugs or alcohol.
You have the right to refuse to submit to a FST. However, refusing to submit to a FST likely will result in your arrest because law enforcement will view you as uncooperative and will be upset by your refusal. While every situation is unique, the Law Offices of Justin Kirk Tabayoyon generally recommends refusing to perform FSTs and roadside preliminary alcohol screening tests.
Preliminary Alcohol Screening Test Devices (PAS)
Preliminary Alcohol Screening Tests are a type of field sobriety test administered roadside via a handheld device. A law enforcement officer may ask that you breathe into such a device. If you are over 21 and not on probation for a previous DUI, you have the right to refuse to take a Preliminary Alcohol Screening Test. If an officer threatens you with arrest for not breathing into the device and you have been drinking, you're probably going to jail no matter what you choose and it is probably best that you choose not to breathe into the device. Preliminary Alcohol Screening Tests can be troublesome evidence because they are administered in time much closer to driving than a breath test or a blood test, and the convenience of a roadside test comes at the cost of accuracy and reliability. You do not want to be in the position of explaining unreliable results to a jury. That is why the Law Offices of Justin Kirk Tabayoyon generally recommends you do not breathe into a roadside Preliminary Alcohol Screening Test device.
The Law Offices of Justin Kirk Tabayoyon provides comprehensive criminal defense for all state and federal criminal charges. Serving Solano County, Contra Costa County, and the Entire Bay Area, including the Northern and Eastern District Federal Courts.