What does DUI-D stand for?

DUI-D stands for driving under the influence of drugs.

What is driving under the influence of alcohol?

    • 0.08% or higher― 21 years old or older operating a regular passenger vehicle.
    • 0.04% or higher―operating a commercial vehicle.
    • 0.01% or higher―younger than 21 years old.

Can I turn around before a DUI checkpoint?

Yes.

Do I have to tell the officer I have been drinking?

No. If you tell an officer that you have been drinking, he will initiate a DUI stop.

Can police pull me over if I turn around at a checkpoint?

No. Unless you make an illegal turn or show signs of impairment.

Can I refuse to take a breathalyzer?

Yes. However, you could be arrested on suspicion of DUI and asked to take a blood or breath test.

What are sobriety tests?

They are tests the police use to convict you of driving under the influence.

Can I refuse to do sobriety tests?

Yes. However, you could be arrested on suspicion of DUI and asked to take a blood or breath test.

Can I refuse to take a blood or breath test?

Yes. However, if the officer had probable cause to believe you were driving under the influence, your license will be suspended for at least 1 year, you will have to pay a fine, and you will be sentenced to jail time if convicted of DUI charges.

Can I be arrested for driving under the influence after 1 drink?

Yes. If you are under 21, it is a crime to drive with any amount of alcohol in your system. If you are over 21 the following rules apply:

      1. BAC under .05 – presumed you were not driving under the influence.
      2. BAC over .08 –
        1. Presumed you were driving under the influence (Vehicle Code 23152(a))
        2. Violation of Vehicle Code 23152(b)

How can I avoid a DUI?

Don’t drink or do drugs before you drive.

What is arraignment?

Arraignment is the first court hearing and you must attend it. At arraignment your bail will be set or you will be released on O.R. At this time you can request a preliminary hearing, where a judge will determine if there is enough evidence for you to stand trial. For some misdemeanors and infractions you will receive a plea offer from the district attorney at the arraignment. Contact an attorney to discuss whether you have a good plea offer.

What is expungement?

The Court sets aside your conviction or withdraws your plea of guilty or no contest and dismisses the charges against you. Fill out this form and follow the instructions here.