DUI FAQ

Frequently Asked Questions About DUI

Answers from a Santa Ana Criminal Defense Lawyer

Have you or someone you love recently been arrested for DUI? If so, we have compiled some of the frequently asked questions we encounter on a regular basis at our firm. We encourage you to continue reading below; if you are in need of an aggressive legal defense, please don't hesitate to contact our lead attorney Thomas Tears to discuss what types of defenses he would employ in your case.

What is the legal limit in California?
In California and all 50 states it is against the law to operate a motor vehicle with a blood alcohol concentration (BAC) of .08% or more. It is also illegal for a person to operate a commercial vehicle with a BAC of .04% or more.

Can I get a DUI for driving under the influence of drugs?
DUI is not limited to alcohol, a person can be arrested for driving under the influence of alcohol, illegal drugs or even lawfully prescribed medications. Under VC Section 23152 Driving under the Influence of Alcohol or Drugs, it is unlawful for a person to drive under the influence of any alcoholic beverage or drugs, or combination of alcohol and drugs.

What are the consequences if I refuse to take field sobriety tests?
Unlike chemical test refusal, there are no consequences for refusing to take field sobriety tests. These roadside tests are done to gather evidence against you and to gain probable cause to make a DUI arrest. You can lawfully refuse to submit to field sobriety tests without any negative consequences; however, it's important to refuse such tests politely.

Are sobriety checkpoints lawful?
Sobriety checkpoints are generally set up in areas with high volumes of drunk drivers and they are often conducted around 9 p.m. to 3 a.m. when drunk drivers are more inclined to be on the roads. Police officers cannot randomly set up check points whenever they please or outside of bars while waiting for patrons to leave. Usually a senior officer has to decide to set up a checkpoint, and often times they have to make some kind of public notice, and standard procedures must be followed in order to avoid violating peoples' constitutional rights.

Contact Thomas Tears, Attorney at Law

If you or someone you love was recently arrested for DUI, you are urged to contact Santa Ana DUI attorney Thomas Tears. With over 30 years of experience in criminal and DUI defense, attorney Tears has handled more than 5,000 criminal cases. He has the knowledge and experience to defend you against any type of drug or alcohol-related DUI charge, whether it is being prosecuted as a misdemeanor or a felony offense. Contact us today!