Frequently Asked DUI Questions
What should I do if I’m pulled over for DUI?
If you are pulled over for suspected driving under the influence in Orange
County, there are certain actions you can take to positively affect any
DUI charges that may follow:
- First, remain calm and be polite in all of your communication with law
- Politely refuse to answer any questions regarding how much you have had to drink.
Politely refuse to partake in
field sobriety tests (these are not required by law).
If asked, it is wise to comply with an officer’s request that you
take a chemical test, most often a
breathalyzer test, to determine your blood alcohol level. Refusal of a chemical test will
result in the suspension of your driver’s license.
- Contact an knowledgeable attorney as soon as possible.
What is the pink slip of paper I received when I was arrested?
The pink slip of paper you receive upon arrest is a notice of suspension
that your license will be suspended in 30 days. You have only 10 days
from the date of your arrest to contact the DMV and schedule a hearing
regarding the suspension of your license. If you fail to schedule a
DMV hearing, your license will be automatically suspended after the 30 day temporary
Can an attorney help me with my DMV hearing?
Yes, a lawyer can schedule your hearing for you and offer you legal counsel.
An attorney can also represent you at the DMV hearing in order to help
you get the best outcome possible. Because an attorney will have the specific
legal knowledge applicable to reinstating driving privileges, he or she
will have more success than if you tried to represent yourself.
What are some DUI-related offenses a driver may face?
In addition to a standard misdemeanor DUI charge, a driver may face a
felony DUI charge,
multiple DUI arrests,
DUI with injury,
out of state DUI charges,
vehicular manslaughter, or
drugged driving charges. The lawyers at Gold & Witham handle all these types of cases.
What are the penalties for drunk driving?
For a first-time driving under the influence conviction, the
penalties include: 120 day
license suspension, community service, DUI rehabilitation programs, mandatory installation of
ignition interlock device, fines and court fees, and a county jail sentence of up to six months.
Will my license be suspended?
When arrested for driving under the influence, your driver’s license
will be suspended if:
- You fail to schedule your DMV hearing within 10 days of your arrest
- You refuse to submit to a breath test or blood test to determine your blood
- Your lose your DMV hearing
- You are convicted of driving under the influence—either with a blood
alcohol concentration of 0.08% or higher or because your driving abilities
were impaired by alcohol and/or drugs
Is the legal limit different for commercial & underage drivers?
A commercial truck driver may be charged with driving under the influence
if his or her blood alcohol concentration is 0.04% or higher, and a driver
under 21 may be charged with intoxicated driving if driving with a blood
alcohol concentration of 0.01% or higher.
What are the laws against drugs and driving?
In California, DUI laws also apply to driving under the influence of drugs
or any combination of alcohol and drugs. This includes even prescription
drugs or over-the-counter drugs (ex: cough syrup and wine). The penalties
are the same for intoxicated driving and drugged driving per § 23152
of the California Vehicle Code.
Still have questions? We invite you to contact us today. We look forward
to hearing from you and answering your questions!