California DUI / DWI Laws

Legal Limit in Hayward

People often ask, what is the legal limit for driving under the influence in California? It’s actually a national standard, and it’s .08% blood-alcohol content. But it really isn’t as simple as all of that. If you’re over 21 and you’re driving a private vehicle then yes, that legal limit is .08.

Commercial Drivers

However, that changes if you’re a commercial driver driving a commercial vehicle – that is, a class A or a class B driver’s licence. That is, a .04%. Everything changes if you’re under 21.

Zero Tolerance

There is zero tolerance for driving with any alcohol or drugs in your system if you’re under 21. There are three different ways that an under 21 person can be charged with a DUI. It’s also very complicated with all these cases to coordinate both what happens in court, but also with what happens at the DMV.

By: Lynn Gorelick

Gorelick Law Firm Testimonial

My son is my life, and my son does everything for us. And he deserves second chance because he’s a good kid. He comes from a good home. And we want him to have a good future. We bail him out and then we look for Lynne right away. We call her really late at night after we know my son was arrested. So, the next day we’re supposed to see her right away. It was very delightful and very warm feeling because we choose a sister like a family member, and she takes care of us really well. And she helped us to lower his DUI to reckless driving. As the mother, I really thank Lynne for everything.

By: Lynn Gorelick

Hayward DUI Penalties

There are two separate aspects to being arrested for driving under the influence and possible penalties. Certainly, when the district attorney’s office receives the police report from the court, they will be filing criminal charges against you, but there is also an administrative action taken by the Department of Motor Vehicles against your driver’s license. That pink piece of paper that you were given – that temporary driver’s license – that is a DMV action you must request a DMV hearing within ten days of having received that form. The penalties for DUI vary depending on a number of factors.

First Offenses

Certainly, if this is your first DUI, the possible ramifications are very different than if you have prior convictions. Even on a first-time DUI it depends on how the case is resolved. Speaking very generally one’s looking at a period of probation, a fine, a class, and some community service, which is generally done instead of doing jail time. In Alameda County, the instillation of an Ignition Interlock Device or a IID can also be imposed if you are convicted in that jurisdiction. But the amount of the fine, the length of the class, and so forth is all conditioned upon how that case was resolved, and you may not have to do any of this.

Each and every case is different, and this is why you need a skilled and knowledgeable DUI attorney on your side. The administrative penalties imposed by the Department of Motor Vehicles will also vary depending on whether this has happened to you before. You could be facing as little as a 30-day part suspension followed by months of a restricted driver’s licence, or if you have prior convictions, that period of suspension and/or revocation can be as much as two or three years. If you have a commercial license, this can be even more serious and severe.

Multiple Offense Restrictions

There are other restrictions that are available for multiple offenders for the instillation of an Ignition Interlock Device. If there was no chemical test, that has different ramifications and can cause a revocation of your license. Attorneys who specialize in DUI know how to win DMV hearings, minimize penalties, and prevent an unduly likely driver’s license loss. I pride myself in working to prevent as little disruption of your life as possible.

By: Lynn Gorelick

Miranda Rights

Every TV show and movie that we’ve ever seen shows law enforcement officers reading people their Miranda rights. And we all know them almost by heart, “You have the right to remain silent, if you give up that right, anything that you say can be used against you.” The Miranda case involved what is called interrogation.

Pre-Field Sobriety Questions

For purposes of DUI arrest, the courts have ruled that the pre-field sobriety test questions and other questions they ask are investigative and not interrogative in nature. It seems counterintuitive that they’re asking questions about alcohol consumption, have you been drinking? Where have you been drinking? I believe that the underlying reason that people are not Mirandized after arrest is that many would choose to speak with an attorney before taking a chemical test.

No Miranda Rights for DUI

Unfortunately, you don’t have this right, and it can cause some confusion. Technically, the police do not have to read someone their rights when they’re arresting them for driving under the influence of alcohol or drugs as it relates to pre-field sobriety questions which they call investigation. If interrogation goes on after arrest and testing, or if questions out of that realm are asked, Miranda rights may be in order.

By: Lynn Gorelick

DUI Questioning by Police in Hayward

Generally, less said to the police is best. In most cases, people who are speaking to the police and are asked that question will say they had a couple of drinks or a couple of beers. That’s perfectly appropriate. One concern are situations where people will say they did not have anything to drink, and a blood-alcohol level shows up later.

Sometimes the DAs office will file an additional charge of providing false information to a police officer if people have said no, nothing to drink, and then we see a test. So, if you consumed alcohol and an officer asks you if you had anything to drink, you can say yes, but don’t guess. If it was a couple, you can say it was a couple. It’s a perfectly appropriate response.

By: Lynn Gorelick

Field Sobriety Tests in Hayward

When people are stopped for driving under the influence, the police officers often ask them to perform some balance and coordination tests, and these are called field sobriety tests. There are only three standardized field sobriety tests that have been approved by the National Highway Traffic Safety Administration. The three field sobriety tests are the horizontal gaze nystagmus, a one-leg stand and a walk and turn.

Horizontal Gaze Nystagmus Test

Generally, the horizontal gaze nystagmus test is done with an officer either using a pen or a finger or a stylus. You’re instructed to keep your head still and follow the moving object with your eyes only.

The One-Leg Stand Test

The one-leg stand test involves instructions to choose a leg, left or right, lift it six inches from the ground, point your toe, look at your toe and count like this: one thousand-one, one thousand-two, until you’re told to stop.

The Walk & Turn Test

The walk and turn test begins with standing with one foot in front of the other with your hands at your side. You’re instructed to maintain that position until you’re told to start. The officer will instruct: take nine steps heel to toe, pivot turn and take nine steps back.

Exceptions and Contingencies

Many times, officers will also call the preliminary alcohol screening device the field sobriety test. It is not a field sobriety test, and the officer should read an abomination about that hand-held breath test which indicates that it’s not a chemical test and can be refused. Both the field sobriety test and blowing into the hand-held breath machine – that preliminary alcohol screening device on-scene – are completely voluntary. You do not have to take these tests. There is an exception. However, for taking that preliminary alcohol screening device test. If you’re currently on DUI probation, or if you are under the age of 21, you must submit to that test.

Please know, the field sobriety tests are only as good as the instructions that are given by the officer. It’s important to have a lawyer review all the evidence of the administration of the field sobriety test to determine if the officer gave proper instructions. If the instructions were not done precisely, performance of the test cannot be an indicator of impairment. I have been trained in the same way that the officers in the administration of all of the field sobriety tests, let me review it for you.

By: Lynn Gorelick

Searching for a DUI Attorney in Hayward, CA

There are many things to look for when you’re looking for a criminal defense attorney and for help with your DUI charges.

First and foremost, make sure that the attorney who is representing you specializes in DUI. Just as there are heart surgeons, brain surgeons, there are a number of areas within the specialized practice of criminal defense. Make sure your attorney focuses on DUI law.

Location

Secondly, it’s important to understand that DUI is one of the most science-based crimes there is. Everything will hinge on your breath or blood test, as well as the reasons for the stop and other defenses. However, it is crucial that your attorney stays current on all of the latest scientific developments as well as any changes in the law. You want to make sure that your attorney is local, someone who appears regularly in the same courts and in front of the same judges that will hear your case.

Experience

Finally, you want someone with experience, someone who will personally handle your case. Someone who will take the time and effort to investigate each and every aspect of your case thoroughly, and who will handle your case as if it were their own. You should feel comfortable speaking with the attorney and feel confident that they will pursue your case aggressively.

By: Lynn Gorelick