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Frequently Asked Questions about Vista DUIs

If I’m charged with DUI in California, what are my options?

If you’ve been charged with DUI in California, you have two main choices. The first is to plead guilty or no contest and be sentenced accordingly. For a DUI charge, even if you plead no contest, you will still be sentenced in the same manner as if you plead guilty. Or, you can plead not guilty and have your case go to trial. If you choose to plead not guilty, you’ll have the option of obtaining your own attorney, or having the court appoint an attorney for you. However, a court-appointed defense attorney will not be able to provide the strategic DUI defense available when you retain a lawyer who specializes in California DUI law.  

What is the legal limit of intoxication in California, and what does it mean?

The legal limit of intoxication in California is a blood alcohol concentration (BAC) of .08% or less. Blood alcohol concentration, or BAC, is a precise measurement ration of the amount of alcohol versus blood in your bloodstream at the time that you are tested. A BAC of .08% means that for every 10,000 drops of blood measured, there are 8 drops of pure alcohol in your bloodstream. If your BAC is over the .08% limit mandated by the state, you are considered to be intoxicated for the purposes of a DUI charge in California. If you are a commercial truck driver, the legal limit for your BAC is only .04%, and because of the zero tolerance policy for anyone under the age of 21, if you are underage you can be arrested for DUI with a BAC that is as little as .01%.

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What is the implied consent law, and how does that affect my Vista DUI case?

The implied consent law with regards to DUI in Vista means that anyone driving on the roads in the state of California is deemed to have given implied consent to blood alcohol testing. If you do not submit to a blood or breath test at the time you are asked to by the arresting officer, you will lose your right to drive for one year, without any possibility of a restricted license during this period.

Is the DMV hearing a part of my criminal charge?

No. Your DMV hearing is an administrative hearing that is entirely separate from your criminal case. Additionally, it is not a required hearing – you have to request it, and you only have 10 days from the date of arrest to do so. Otherwise, your license is automatically suspended when your temporary permit expires, and you cannot apply for a provisional license until after the initial suspension period is over. Because the consequences of being unable to drive can be severe, it is important that you or your attorney request the DMV hearing as soon as possible.

I refused to take a field sobriety test. Does this mean I’ll lose my license?

Field sobriety tests are not the same as blood and breath tests and do not fall under implied consent laws. While your refusal may be used as evidence against you in court, a refusal to take a sobriety test by itself will not result in a automatic license suspension.

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