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What happens if I am charged with DUI, can I still drive?

Posted by Mark A. Velez | Jan 21, 2020 | 0 Comments

If you are arrested for a DUI, there are two separate proceedings that take place. The first is an administrative hearing with the DMV. This is where the DMV will seek to take actions against your license. During this process a DMV administrative hearing officer will hear the evidence in your case and make a determination about your license status. The second action is criminal in nature. Here, the District Attorney will file charges against you and the proceedings will be overseen by a judge.

Evidence can be presented at both proceedings. There are three main areas that the prosecutor has to prove. First, did the officer have probably cause to believe you were driving under the influence? Second, did the officer lawfully pull you over and arrest you for DUI? Third, can the prosecutor prove that you were driving impaired, or had a BAC of .08 or higher? To do this, the prosecutor will usually rely on one or more of the following: a Preliminary Alcohol Screen device (PAS), a breath test, or a a blood sample.

The prosecutor will also look at the totality of the circumstances to show that your ability to drive a vehicle was impaired. Officers will look at several things to determine if your driving ability is impaired including: your driving, your ability to follow directions, your demeanor, field sobriety tests (FSTs). However, there are several ways to explain and challenge poor driving, and poor performance of FSTs, which your attorney can explain to you in detail.

If you have been arrested for DUI contact me immediately. I will represent you at the DMV hearing and the criminal proceedings. As someone who has administered thousands of FSTs, and made hundreds of DUI arrests, I can spot where police made errors. This can start with the challenging probable cause for the stop, administration of the PAS test, FSTs, and breath test, all of which can be challenged in court. Together we will document everything that happened and highlight potential errors and inconsistencies in police reports and errors in procedures, all of which can be used to challenge the charges against you.

About the Author

Mark A. Velez

Mark A. Velez My name is Mark Velez and thank you for visiting my site. I would like to take a moment to tell you about who I am and why I opened my own law practice. I was born and raised in Southern California. After completing high school, I applied at the Palos Verdes Estates Police Departme...


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