Phone: e.g. 999-999-9999
- -

DUI Frequently Asked Questions

Basic DUI information for your convenience

Traffic Stop/Arrest

DMV Case

DMV Case vs. Court Case

Court Case

What are the 20 most common and reliable driving symptoms of a drunk driver that police officers are constantly on the lookout for?
The National Highway Traffic Safety Administration (NHTSA) has compiled the following list of driving symptoms in descending order of probability that the individual observed is driving under the influence.

65% -Turning with wide radius
65% -Straddling center or lane marker
60% -Appearing to be drunk
60% -Almost striking object or vehicle
60% -Weaving
55% -Driving on other than designated roadway
55% -Swerving
50% -Slow speed (more than 10 mph below limit)
50% -Stopping (without cause) in traffic lane
50% -Drifting
45% -Following too closely
45% -Tires on center or lane market
45% -Braking erratically
45% -Driving into opposing or crossing traffic
40% -Signaling inconsistent with driving action
35% -Stopping inappropriately (other than in lane)
35% -Turning abruptly or illegally
30% -Accelerating or decelerating rapidly
30% -Headlights off

What are the most common physical symptoms of a drunk driver that police officers are constantly on the lookout for?
  • Disheveled Appearance
  • Clumsy Behavior
  • Odor of Alcohol on Breath
  • Flushed Face
  • Bloodshot, Watery, Bleary, Glassy Eyes
  • Slurred, Thick Speech
If I'm pulled over by a police officer who then proceeds to ask me if I have been drinking, what should I do?
You are not required to answer any potentially incriminating questions; as a result, you do not have to answer this question. You can either inform the police officer that you would like to speak with an attorney before answering any more questions or if you definitely know that your blood alcohol concentration is under the legal limit, feel ,free to inform the police officer that you had a glass of wine or a bottle of beer, which would explain why your breath smells like alcohol.

What should I do if I'm asked to take Field Sobriety Tests (FSTs)?
Unlike with chemical tests, where refusing to submit a breath/blood/urine sample may have serious consequences, you may politely refuse to take any FSTs. These tests are usually administered by the arresting officer simply to gather evidence used to build a case against the accused.

The California Highway Patrol utilizes 10 FSTs for determination of sobriety; however, the following three FSTs, now referred to as the Standardized Field Sobriety Tests (SFST) are the considered the most sensitive and efficient.
  1. Heel-to-Toe
  2. Leg Raise
  3. Horizontal Gaze Nystagmus (HGN)
    4. The other FSTs include:
  4. Finger-to-Nose
  5. Modified Position of Attention
  6. Walking in a Straight Line
  7. Alphabet
  8. Finger Count
  9. Hand Pat
  10. Preliminary Alcohol Screening (PAS) Device
Why did the police officer make me follow a penlight with my eyes to the left and right?
This is part of the Horizontal Gaze Nystagmus (HGN) test, which is one of the three recommended Standardized Field Sobriety Tests (SFST) with the Heel-To-Toe and the Leg Raise tests being the other two. The police officer is attempting to estimate the angle at which the eye begins to oscillate or "jerk," which is known as nystagmus. If nystagmus occurs sooner than 45 degrees, it is supposed to indicate a blood-alcohol concentration over .05%.

What can happen if I refuse to take a chemical test?
Unlike with Field Sobriety Tests (FSTs), where refusing to submit to any FSTs does not have serious consequences, you are required by law to submit to a chemical test so you may be subject to three adverse consequences if you refuse to submit a breath/blood/urine sample.
  1. If you were 21 years or older at the time of the arrest:
    • A first offense will result in a 1-year driver's license suspension.
    • A second offense within 7 years will result in a 2-year driver's license revocation.
    • A third or subsequent offense within 7 years will result in a 3-year driver's license revocation.
    • A first offense will result in a 1
    • year suspension.
    • A second offense within 7 years will result in a 2-year revocation.
    • A third or subsequent offense within 7 years will result in a 3-year revocation
    2. If you were under 21 years of age at the time of the arrest:
  2. If the refusal is alleged in the complaint, it carries a mandatory minimum jail sentence.
  3. At trial, the prosecution can introduce the refusal as evidence of "consciousness of guilt." NOTE: The defense is free to offer valid reasons for the refusal, such as a phobia of needles.
It's up to you to decide which consequences would be worse taking a chemical test if think you are above the limit and facing a possible guilty sentence or refusing to take a chemical test and facing the above consequences.

Do I have a choice of which chemical test is administered? If so, which should I choose?
In California, you are supposed to be given a choice of submitting a breath or blood sample. Urine testing can only be required if neither breath nor blood tests are available, if the arresting officer reasonably suspects the presence of drugs, if you are a hemophiliac, or if you are taking anticoagulant medication in conjunction with a heart condition. If you choose a breath test, the police officer is supposed to advise you (but often fails to) that you are entitled to a blood test also because a breath sample will not be saved for later reanalysis by the defense. NOTE: Blood tests are the more accurate than breath tests, which are more accurate than urine tests.

I've just been arrested for DUI/ DWI / Drunk Driving. What crimes am I officially being charged with?
You are typically charged with two separate criminal offenses:
  1. Section 23152 (a) it is illegal to drive under the influence of alcohol (see California Vehicle Code)
  2. Section 23152 (b)
  3. it is illegal to drive with a blood alcohol level of .08% or higher (see California Vehicle Code)
The arresting officer confiscated my driver's license and served me with an Order of Suspension and a Temporary license after the breath test. What happens now? California law calls for the immediate suspension and confiscation of your driver's license if one of the following is true:
  1. the breath test result is above the legal limit
  2. in the case of a blood or urine test, the officer reasonably believes the results will be above the limit
  3. you refuse to take a chemical test.
The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.

You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

WARNING: There is a 10-day deadline for calling the California DMV to request a hearing on the suspension and to get an extension of the temporary license.

The Order of Suspension that the officer issued me at the time of my arrest states I have 10 days to request an administrative hearing. What is the purpose of this DMV hearing and what can it do for me?
A hearing is your opportunity to show that the suspension or revocation is not justified.

Am I obligated to have a DMV hearing?
No, You are not required to request a DMV hearing.

How do I schedule a DMV hearing?
You may do so by writing to or telephoning one of the department's Driver Safety Offices. Be sure to identify yourself by your full name, your driver license number, and your date of birth, You will also be asked to verify your correct mailing address,.

What in need an interpreter at my DMV hearing?
If you or a witness requires a sign or language interpreter, immediately contact the Driver Safety Offices to request that an interpreter be provided for the hearing.

Will the DMV bearing location be accessible to persons with disabilities?
Hearing locations are accessible to persons with disabilities. However, you should check with the department in advance to assure accessibility.

In addition, if you know persons who plan to attend who have special needs that require reasonable accommodation, please contact the department as soon as possible, so that arrangements can he made.

What if I do not appear at the DMV hearing?
If you request a DMV hearing and do not attend the hearing, the department will proceed with the case against you.

Do I need a DMV hearing to get a restricted driver's license to go to and from work?
No. A request for a restricted driver's license cannot he considered at the DMV hearing. You may apply for a restricted driver's license to drive to and from work at any DMV Field Office.

How long can I drive with the Order of Suspension and Temporary License that the police officer issued me at the time of my arrest?
You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.

How is the driver's license suspension following my DMV hearing different from the driver's license suspension following my criminal court case?
The DMV suspension is an administrative action taken against your driving privilege only. The suspension following a conviction in criminal court involves whether you are innocent or guilty of a criminal act and is a mandatory action for which jail, fine, or other criminal penalties may be imposed.

Why does the DMV offer the right to a hearing if I am already scheduled to appear in criminal court for the DUI / DWI / Drunk Driving charge?
Both our State and Federal Constitutions provide that no person shall be deprived of property without due process of law. Due process of law entitles you to a notice of the action that the DMV intends to take against your driving privilege and an opportunity to be heard (hearing).

Can my DMV bearing substitute for my criminal court trial?
No. The DMV hearing and court trial are completely independent of each other.

The driver's license suspension of my driving privilege was sustained following my DMV hearing, but I was found not guilty of the DUI / DWI / Drunk Driving charge in criminal court. Do I get my driver's license back?
When a driver has been acquitted of DUI / DWl / Drunk Driving charges in criminal court, a suspension will be reversed if it is determined by the DMV that the court decision does, in fact, equal an acquittal.

The suspension of my driving privilege was sustained following my DMV bearing, but the DUI/ DWI / Drunk Driving charge was reduced in criminal court to reckless driving. Do I get my driver's license back?
No. A reduction of a DUI / DWl / Drunk Driving charge to reckless driving in the criminal court is separate and independent from the DMV hearing and does not affect the driving privilege suspension.

The suspension of my driving privilege was sustained following my DMV hearing, but the DUI / DWI; Drunk Driving charges were dismissed in the criminal court or the district attorney decided not to file a DUI/DWI/Drunk Driving charge against me. Do I get my driver's license back?
Not necessarily. Current law permits a driver a renewed right to a new DMV hearing within one year of the arrest date when a DUI/DWI/Drunk Driving charge is dismissed or not filed by a District Attorney due to lack of evidence, or filed, but later dismissed by the court because of insufficient evidence.

I was convicted in criminal court of a DUI/DWI/Drunk Driving charge, but the· judge said I could get a restricted driver's license. How do I obtain this restricted driver's license?
If you have a non-commercial driver license and you show proof of enrollment in a DUI/DWI / Drunk Driving treatment program, file proof of financial responsibility, and pay a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to and from the DUI/DWI/Drunk Driving treatment program and/or to, from, and during work. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code SS23136, 13353.1, 13388, 13392.

I had a DMV bearing and the hearing officer set aside the suspension and let me keep my driver's license. Does this have any effect on what happens to my DUI/DWI/Drunk Driving charge in criminal court?
No. The DMV hearing officer can only set aside the administrative action against your driving privilege. This decision is separate and/or independent from any criminal charge, sanction, penalty, or decision.

What is "Rising Blood Alcohol Defense"?
Potential defenses in a given drunk driving case are almost limitless due to the complexities of a DUI/DWI/Drunk Driving offense, but the "Rising Blood Alcohol Defense" strategy is utilized the most.

When an individual drinks alcohol, it first goes into the stomach and sits there for some time before it is fully absorbed into the blood, thusly raising your blood-alcohol concentration (BAC). Absorption can take anywhere from 30 minutes to 3 hours. Since most blood alcohol tests are administered between 45 minutes to 1.5 hours after the actual traffic stop, the arresting officer must make an educated guess using retrograde e~1rapolation as to what the BAC was back when the traffic stop actually happened. If the accused continued to absorb alcohol after the time of the stop, his/her BAC at the time he/she was driving may have been only .07% even though he/she tested at .1~1o at the time of being tested. It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of driving, not at the time of being tested.

What is a sentence "enhancement"?

California law increases the punishment in drunk driving cases if certain facts exist. The most common of these is an earlier conviction for the same or a similar offense within seven years of the current offense. Other commonly encountered enhancements include:
  • A child was in the car at the time. The defendant was traveling 20 or 30 miles over the speed limit at the time.
  • The blood
  • alcohol concentration was over .20%.
  • The defendant refused to submit to a chemical test.
  • There was property damage or injury.
  • The defendant was under 21 ("zero tolerance" laws commonly require a much lower blood
  • alcohol level, and impose longer license suspensions).
  • The existence of any personal injury caused by drunk driving elevates the offense to a felony. A death can trigger manslaughter or even, if special circumstances exist, murder charges.
How can I find a Driving Under the Influence (DUI/ DWI/ Drunk Driving) Program as ordered by the criminal court?
An individual convicted of a first offense DUI is required to complete an approved drunk driver program. For second and subsequent convictions, completion of an 18 or 30month program is required. To find out which program you require, contact the Municipal Court in the county where you appeared for sentencing of the DUl violation, or you may Contact the DMB at (916) 657-6525.

BAC Calculator
Measures blood-alcohol concentration
Blood Alcohol Concentration (BAC) is the amount of alcohol in the bloodstream and is usually measured in percentages. For instance, having a BAC of 0.10% means that a person has 1 part alcohol per 1,000 parts blood in the body. A person's BAC level is the result of a complex interaction of body weight, gender, alcohol consumed, and time. The formula used below for estimating a person's BAC comes from The National Highway TraffIc Safety Administration.
California BAC Legal Limit = 0.08%
12 ounces of beer = 1 shot of distilled spirits = 1 glass of wine = 54 ounces of alcohol

Related Links

The Drink Wheel
A more sophisticated online calculator that factors in different types of alcoholic beverages, e,g, light beer, malt liquor, etc.

How Alcohol Works
General information on alcohol and its effects on the human body written by Craig C, . Freudenrich, Ph.D.

Alcohol and the Human Body
General information on alcohol and its effects on the human body compiled by Intoximeters, Inc." the maker of law enforcements most commonly used breath test machines.

Factline on Alcohol Doses, Measurements, and Blood-Alcohol Levels
General information on alcohol and its effects on the human body compiled by the Indiana Prevention Resource Center at Indiana University.