Driving Under the Influence in Riverside
Thank you for visiting the Riverside DUI Defense Law Offices of “insert attorney name”; we understand what a DUI charge means to you. It affects your family, your job, and your future.
A California DUI arrest brings you stress, worry and tension. Our attorneys are dedicated to defending drunk-driving charges. Please take a moment to visit our “Why hire us” page to see why you should have us defend you, and what separates us from the other DUI Defense attorneys in and around Riverside County.
Riverside DUI Overview
- A DUI means Driving under the influence of alcohol or drugs to the extent of impairing your mental and motor skills.
- In Riverside, you are under the influence if your blood alcohol content (BAC) is .08% or higher.
- A DUI can be charged as a felony crime.
- Your insurance rates will increase or your policy will be cancelled.
Riverside County Law Enforcement Agencies
- Riverside County has 30 local law enforcement agencies – Avoid the 30.
- Their message is, “If you drink or take drugs and drive, you will be arrested for driving under the influence”.
- These agencies are determined to make an impact on drivers through education, enforcement, and media support.
- Their goal is to reduce the number of accidents caused by DUI.
- They have a “zero tolerance” policy.
- Riverside County has increased their DUI checkpoints.
The Arrest Process
- A police officer will pull you over if he or she has probable cause that you are driving while intoxicated.
- Your driving pattern will give you away. You will be noticed:
- Weaving
- Speeding
- Constant braking
- Driving too slow
- Once you stop the car, the officer can determine you have been drinking by observing:
- Bloodshot eyes
- A flushed face
- Your speech is slurred – speaking too low or too loud
- Your motor skills are not working
- Your balance is off
- You look disheveled
- You can be stopped and arrested at an ordinary drunk-driving checkpoint.
- Field Sobriety Tests
- Horizontal Gaze Nystagmus test – to detect any involuntary jerking of your eyes
- Walk a straight line heel to toe
- Tip your head backwards and touch your nose
- Recite the alphabet or count backwards
- Stand on one leg for about 30 seconds
- If the officer determines that you are intoxicated, you will be arrested and taken to the police station.
The DUI Process
- A DUI arrest becomes 2 separate crimes that you have committed.
- The first is driving under the influence of alcohol and/or drugs – California Vehicle Code Section 23152(a)
- The second is driving with a blood alcohol content of .08% or more – California Vehicle Code Section 23152(b)
- The Criminal Case/Penalties
- The District Attorney’s office will prosecute this case.
- They need to prove beyond a reasonable doubt every element of the charge.
- The DA must prove you were driving under the influence with a BAC of .08% or more.
- First you will have an arraignment where you will enter a plea of guilty, no contest or not guilty.
- A pre-trail will be held to discuss any motions before the table.
- If an agreement cannot be reached, you will go to trial where a jury will decide if you are not guilty.
- The judge will hand down the sentence.
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- Penalties
- Penalties for DUI are very severe:
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- a minimum of 96 hours to 1 year in jail
- fines from $390 to $1,000+
- probation of 1-5 years
- mandatory alcohol classes
- house arrest
- higher insurance rates – negative driver rating
- community service
- ignition interlock device
- license suspension or revocation
- immediately taken when arrested
- you will receive a temporary license good for 30 days
- you must schedule a DMV hearing within 10 days (see below)
- your license can be suspended for up to 4 years or forever
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- The penalties will be increased if:
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- You were driving at least 20 mph over the speed limit
- You have a prior arrest within the last 10 years
- There was a child under 14 in your car
- You refused to take a chemical test
- Your BAC was 0.15% or more
- The courthouse is located at:
- DMV Hearing / Penalties
- Separate from court proceeding.
- Your attorney should attend with you.
- The purpose of this hearing is to:
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- Dispute the allegations that you were driving under the influence
- Determine if the officer had probable cause to arrest you.
- Was your BAC .08% or more?
- Reinstate your license.
- Driver Safety Office locations:
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1845 Business Center Drive, #212
Driving Tips to Remember
- Don’t drink and drive – use a designated driver
- Always be alert and drive safely
- If you get stopped by a police officer, be polite.