DUI FAQs

DUI FAQs 

The Law Office of Mark Blair | Bay Area DUI Law is here to help!  Mark has 39 years of experience and gets GREAT DUI RESULTS.  Below are a number of frequently asked questions Mark has had over the years.

Mark Blair gets great DUI RESULTS today for a better tomorrow!

Is the .08 on my citation my DUI test result?

No.  Many police use “.08” as a shorthand for a DUI charge, a violation of California Vehicle Code Section 23152.

The cop said he was citing me for a DUI.  Does the cop determine what my charge it?

Police can recommend what the charge is, but the district attorney of the county where your DUI happened will make the decision as to what charge(s) if any will be filed.

The cop only wrote the charge on my citation.  Why does my citation not mention why I was stopped?

Police will write a police report that, depending on the facts of your case, may be between four to twenty pages or more in length.  In the report, they will explain what first drew their attention to you and why they contacted you.

Can I get the policer report myself?

It is unwise to try to get the report yourself.  You are an accused; police can use anything you say against you.  Also, as an accused, you are not entitled to a police report until victim and/or witness contact information is redacted.

How long does it take to get the police report and test results?

The police report and test results must be provided at or after the “arraignment,” the first appearance in court.  However, the police report and test results may be obtained sooner than the first court date.  The possibility of obtaining the reports sooner depends on the county where the DUI occurred.

In some counties, where the district attorneys almost always have the DUI case filed in time for court, your attorney may obtain your report and test results  through the court’s website before your court date once the case is filed.  In the slower counties, filings of cases can be delayed.  If the filing of charges is delayed, obtaining a copy of the police report is delayed as well.  You can also receive a copy of the police report and test results from the DMV once your license hearing is set.

If the police officer does not come to court on my first court date, is my DUI case dismissed?

No.  The police officer is not required to attend court unless he is subpoenaed as a witness.

Will the cop notify my employer about my DUI arrest?

Typically, no.

Can I get a reduced charge, “wet reckless?”

The answer depends on many factors including the facts of your case, the county where your DUI occurred, your alcohol level, the reason for police initially contacting you and your prior record, if any.

What if my DUI case is not filed on my court date?

Unless the district attorney formally rejects filing your DUI case, the district attorney has up to one year from the date of your DUI arrest to file misdemeanor DUI charges.

The police took my license and it expired.  Do I still have to renew it?

Yes. If you want to drive lawfully, you must renew your license, regardless if police seized your hardcopy license.

Why am I receiving letters in the mail from attorneys and companies selling insurance?

Your arrest is a public record.  You are receiving advertisements as a result.

Can the cop search my car after my arrest?

Perhaps. If your car is being impounded, police can conduct an inventory search.

Can I get my DUI dismissed through diversion?

No.  Diversion statutes expressly exempt DUIs from diversion.

Do DUIs only involve alcohol?

No, a person may be charged with a DUI after consuming alcohol, prescription drugs, or illegal drugs, or a combination of all three. Prosecutors may also charge persons with a DUI who smoked marijuana just before or during driving.

Can the judge give me a restricted license?

Absolutely not. In fact, the judge can order the DMV not to give you a restricted license.

The police did not read me my rights. Are my statements inadmissible?

It depends. If you were under arrest and the police were trying to elicit incriminating information from you, then the information may not be used against you under certain circumstances. Moreover, if the police took actions that made your admissions and/or confession involuntary, the statement cannot be used under any circumstances.

What should I wear to court?

Please dress appropriately. Do not over or under dress. “Business casual” is the best.

What should I bring to court?

Depending on the facts of your case, you may need to bring proof of alcoholic anonymous meetings, proof of payment by your insurance company of damages in DUI accident cases, residential alcohol/drug program acceptance letters, and/or letters of recommendation.

What are your goals as a lawyer in my case?

My first and foremost goal is a dismissal. If that is not possible, then we must try for a reduction of the charges and/or penalties. My job is to show to the judge all your positive accomplishments: what a good person you are, what a wonderful life you’ve led, and all the impressive things you have done (example: work, pay taxes, raise good children, volunteer for community and/or church). Then the judge is more likely to exercise favorable discretion in your case.

Can I get this DUI off my record?

“Expungement” prohibits employers from adversely using an expunged conviction against an employee or prospective job applicant.  The conviction would remain a conviction for purposes as a “prior” in any future criminal charges, as well as for any public sector employment or licensure.

DISCLAIMER: The results of any person’s DUI case described on this web site and/or in the Bay Area DUI Law newsletter depend on factual and legal circumstances that are unique to a specific person. Information provided by this web site and/or the Bay Area DUI Law newsletter does NOT constitute a guarantee, warranty or prediction regarding the outcome of your legal matter. Any reference to laws, procedures, punishment or license consequences at court or the DMV in this web site and/or Bay Area DUI Law newsletter is NOT intended to be complete description of what can and will happen in any or every DUI case but instead is a simplified summary to facilitate the reader’s understanding of general issues involving DUI law. The law is in constant change; penalties and consequences change; as such, the reader should not and cannot rely upon anything mentioned in this web site and/or Bay Area DUI Law newsletter. The reader is strongly advised to seek competent legal counsel to ascertain the law, penalties and consequences that apply to his/her unique circumstances.