At Hutton & Khalaf, our Los Angeles
DUI attorneys have
more than 45 years of experience. During this time, we have seen that many of our clients are distressed,
confused, and unsure of their rights during a DUI case. We have taken
the time to compile a list of the most frequently asked questions we receive
at our firm. We truly believe that education is extremely important, and
making sure you understand what to expect could prove to be beneficial.
What happens if I am pulled over for drunk driving?
Once you are pulled over for suspicion of drunk driving, an officer will
usually ask you to perform a field sobriety test. This usually consists
of tasks that will allow the officer to observe your level of physical
or cognitive impairment. You may be required to walk heel to toe in a
straight line or recite the alphabet forward and backward. Though you
do have the right to refuse, refusing to participate in a field sobriety
test is generally fruitless because the officer will simply request that
you submit to chemical testing. This may include a breathalyzer test,
which an officer can do on the scene, and blood and urine tests, which
must be performed at a medical facility. You are required to submit to
such testing should an officer ask, and refusal to participate in chemical
testing can result in a suspension of your driver’s license for
one to three years even if you are found not be under the influence of
drugs and alcohol. Depending on the circumstances, refusal to submit to
the testing can yield a higher penalty than the drunk driving conviction
itself. These “implied consent” laws rest on the assumption
that if you have undertaken the responsibility of driving a car, then
you have given consent to be tested for your ability to drive that vehicle safely.
The minimum blood alcohol level necessary to be considered “driving
under the influence” or “driving while intoxicated”
is .08%. At this level, you are “per se” intoxicated, even
if you show no outward signs of impairment. As Pasadena DUI attorneys,
we know that California, like every state, also has a “zero tolerance”
policy for underage drinking — a person under the legal drinking
age found driving a car with any trace of alcohol in his or her system
will be penalized, regardless of evidence of physical impairment.
Sentencing for drunk driving is largely dependent on an offender’s
history of drunk driving and whether or not the offense resulted in an
injury to any other person or property. Individuals convicted of drunk
driving may face fines, jail time, driver’s license suspension and
mandatory participation in an alcohol treatment program. Recently, courts
have been increasingly using “certified ignition interlock devices,”
which detect whether alcohol is present in the driver’s system each
time he or she wants to start the car. The device prevents the car from
starting if any alcohol is detected. The convicted driver must pay to
have the device installed and also pay for the monitoring of the device monthly.
Does the officer have to read Miranda rights during a DUI stop?
If you are driving and stopped for suspicion of DUI in California, a law
enforcement officer is entitled to ask you questions without first reading
Miranda rights. Your Miranda rights allow you to say nothing so that you
are protected from incriminating yourself during an interrogation. Anyone
who is arrested and interrogated by law enforcement must have these rights
conveyed to them or there may be no possibility of a conviction. If you
have been arrested for drunk driving or driving under the influence of
drugs, you must be informed of your Miranda rights if officers plan to
interrogate you.
In relation to a DUI stop when no arrest has been made, the issue hinges
on whether or not the officer was “interrogating” you while
asking you questions. Because you had not yet been arrested and were not
in custody at the time of the stop, your Miranda rights may not necessarily
have to be read to you. Officers only have to read these rights when a
suspect has been arrested and they will continue to be questioned by law
enforcement. This questioning amounts to interrogation. If the arrest
occurs but the officer has no questions, Miranda warnings do not need
to be given because no interrogation is forthcoming.
Without first reading your Miranda rights, an officer can ask for a driver’s
license, registration, and, in California, insurance coverage information.
You must produce these documents or face legal consequences. These questions
do not amount to an interrogation. The officer may ask a lot of questions
and be seeking evidence of intoxication. If you are stopped for DUI, you
still have rights even before an arrest is made and even before you have
been "mirandized." You do not have to answer any questions but
you must produce documents that the officer requests. Be polite, say as
little as possible.
“I always advise them to immediately call Mark Khalaf.”
Several friends and relatives have been arrested for DUI, and I always advise them to immediately call Mark Khalaf. He has a track record of over 20 years of experience in Criminal Defense Law and a wealth of knowledge and experience in helping his clients navigate and represent them in court and the legal process.
My friends and relatives have told me that Mark provides in-depth explanations, keeps it real, offers realistic possible outcomes, and consistently keeps in contact.
I will continue to refer people to Mark, and I have peace of mind that I have a strong Attorney on my corner in case I ever need representation.
Our Los Angeles DUI defense attorneys have helped hundreds of our clients throughout Southern California get into programs that protect them from jail while helping them work toward lasting sobriety. We aggressively fight DUI charges against our clients and attempt to avoid a driver's license suspension and other harsh penalties. Whenever possible, we will work with the prosecutors to help see that your life and your family won't be destroyed because of a drunk-driving conviction.
