The answer is maybe. Almost all first-time DUI offenders do not serve any time in jail. Individuals with more than one DUI offense are more likely to serve jail time depending on the circumstances of their case. However, if you have caused an accident, or the serious injury or death of another person because you were driving under the influence, you can be tried for vehicular manslaughter or second degree murder. In those situations, your chances of serving time in jail increases drastically. Visit our DUI penalties page for more information.

Will I loose my driver’s license if I got a DUI?

Maybe. When an individual is arrested and charged with a DUI, he/she has 10 days to schedule a DMV hearing. The hearing will determine whether or not the driver will get to keep his/her driving privileges. Failure to schedule a DMV hearing will result in immediate suspension of your driver’s license for at least four months starting 30 days after your arrest.

Even if the DMV hearing permits the driver to keep his/her driving privileges, he/she can still lose them if found guilty during the criminal trial.

What courts does the firm serve?

While many lawyers profess to "work all courts", its important to hire a firm that specializes in the court where your DUI case is being held. The lawyers at the Hedding Law Firm make numerous appearances daily in the San Fernando, Van Nuys, Malibu, LAX, and Los Angeles Metro Courthouses.

When a law enforcement officer pulls me over on suspicion of a DUI, what are some typical signs of intoxication that he/she looks for?

Typical signs of intoxication include slurred speech, loud or offensive behavior, glazed or bloodshot eyes, open containers of alcohol in the car, alcohol on the breath, disheveled clothing, flushed appearance, failure to follow directions or comprehend questions, and fumbling, stumbling, swaying, or staggering.

There are common actions indicative of  intoxication that a officer looks for before pulling an individual over for drunk driving such as wide turns, swerving, weaving, driving in two lanes, rapid acceleration or driving unusually slow, abrupt movements, drifting, braking erratically, failure to follow traffic signs and signals, following another car too closely, etc.

Do I have to submit to a field sobriety test or a breathalyzer test?

If an officer asks you to perform a field sobriety test, you are not required to take it and can politely decline. On the other hand, refusing to take a chemical test can result in immediate consequences such as a one year suspension of your driver’s license and an increase in monetary fines and other penalties. Furthermore, your refusal can and most likely will be used as evidence against you in court. Under California’s Implied Consent Law, all drivers must submit to a chemical test if the officer suspects you are under the influence of drugs or alcohol. You can however request a blood test as opposed to breathalyzer test and vice versa.

For more information about how we can help or to have more of your questions about a DUI arrest answered, please contact the DUI attorneys at our office or complete a case evaluation.