Legal
A (somewhat) DIY Expungement
12/ 07 / 23
Hey everyone, Tom here - and it's me actually writing the article for once! I’ve been meaning to write this for a while, but haven’t gotten around to it, my apologies. The truth of the matter is that once you do your classes, pay your fines, and live out your probation, your DUI goes away. It’s not hanging over your head, it’s not weighing on your shoulders, it’s not on the top of your mind all the time. For many of you going through it right now I know it doesn’t seem that way, but I promise you, it doesn’t.
Before we get into things - let me just be clear and reference the Disclaimer on the site and reiterate - I am not a lawyer, I have no legal training, and none of this is legal advice. This is a story of how I did things… I didn't know what I was doing and I had a little bit of guidance. Still, I think it's important to tell the story of how I mostly did my own expungement to showcase how it can be done. A previous post "Guest Post: How Often are DUI cases expunged in California" helped me to think I could take on the task myself, and gave me reassurance that expungement could be granted.
Additionally, every county is going to be different - this will apply to Los Angeles county, however there should be information on your county's website about which forms are needed.
It had been over 3 years since my DUI and I wanted to move on with my life. I had learned a lot from the process, I had grown, I was in a different position in my life. But still, I was worried about it haunting me - I needed to move soon, and I was worried that my conviction would make any prospective landlord say no to me. I was worried that when I was applying to new jobs that I would have to disclose it and they would turn me down for the job. It’s a cruel way to live - I had “done the time”, I paid off every penny I owed, I had done everything they asked me to, not made a single mistake since, and still, I was under threat of being punished further, that my mistakes would hang over me for the rest of my life.
I wanted to move on.
Fortunately CA offers a chance for us to move past our mistakes. They don’t offer a “true” expungement (which would be clearing out the whole thing top to bottom) but they offer one that’s close enough to where it doesn’t matter - Your plea of “Guilty” or “No Contest” or finding of guilt is withdrawn, a please of “Not Guilty” is entered, and your case is dismissed and can no longer be used on background checks. It’s still in the system that you were arrested, but now any time you are asked about a conviction you can fill out “no” and be correct. It doesn’t apply to filing state certifications, the FBI file on you, Watson Murder Laws, you’re still prior-able for any further DUI you receive, it doesn’t apply to the DMV side of things, but… it’s something. In most cases it will be enough to make it so that your DUI doesn’t further hinder your life.
To be eligible you must have completed probation, and paid any fines and fees you owe to the state.
When first discussing representation with my attorneys back when this all started, a few tried to tempt me into hiring them by offering me a “discount” on a later expungement, or a motion to reduce probation. Even with this discount both were very expensive and I wasn’t in a great place financially. I had to find other options. Could I possibly do this myself? I started researching and started gathering the resources to get the process started.
There’s a surprising amount of legal resources online provided by the government - The state has a guide where you can look up your conviction and see your eligibility, as well as guide you on how to expunge your record. More importantly they also host the two forms that are needed - CR-180 - the petition for dismissal, and CR-181 - the judge’s order to dismiss. The first one I filled out my court information at the top, then indicated which type of infraction I was convicted under and that I had done my probation, if it was terminated early I would've checked the box for that - but mine wasn't so I didn't, and that I should be “granted relief in the interest of justice”. It’s a lofty term, it feels like you’re asking them to clear up your case because you intend to become some sort of supercop, but really you’re asking them to be fair to you - you did everything you had to, you’re not dealing with another case, let me free. The companion document, CR-181, is basically the same court information and then setting everything up for a judge to check a box based on their decision and sign it. It’s basically making things easier on them, which is always a good thing.
Then comes the declaration - I could've written it in the space on CR-180, but there's not a lot of room to create a compelling argument. I decided to use a little bit more space, and I could have used either form MC-031 or deleted the first page of this pleading paper and written it according to legal practices - every line meeting up with a number on the side, numbering paragraphs, titling the document (on line 1), numbering the pages at the bottom above the footer (below line 28, and centered on the page) and filling in the information of what the document is at the bottom (Declaration in Support of Petition Under P.C. 1203.4, 1203.4a and/or P.C. 17(b)(3))
With the declaration I did what I’ve done this whole time - express remorse, regret, take responsibility for what I’ve done, and express how much better I've become, and how much I want to continue to be better. I wrote from the heart, writing about how awful this has been and how I never want to do it again. I let them know my pain, and how I absolutely never want to do this again. I also included how getting this expungement would help me achieve my goals in life and be a better person. It’s finally a chance for you to express all the things you’ve felt, all the please to God that you’ve made, with a chance that somebody will hear them, and help you. It feels good.
This is all a very technical process - and I didn’t know any of it. There’s a certain amount that you can do and learn on your own, but as with all of this process, it helps to get guidance from the professionals. There’s organizations dedicated to helping people get out from under the shadow of their conviction - namely Continuing Justice however, I managed to find a lawyer on social media who was willing to give me a little guidance, and it helped a lot. I never would’ve known all the rules about a pleading document without them. If you get confused there’s plenty of non-profit resources that you can look into.
This is where things get a little bit tricky and technical. It’s one of those “this is a reason why lawyers and legal clerks have jobs” sort of thing. Doing this by mail required me to have a Proof of Service form with the documents - form POS-030 - with this I couldn't turn the documents in by dropping them off, it must be via mail. There’s an additional hitch to this - I couldn't serve the documents since I am involved in the case. I had to get somebody else involved - it could've been anybody who isn’t involved in the case - a spouse, parent, child, friend, priest, grocer, neighbor, stranger you met in the street, anybody who isn’t me. I went with a friend who had gone through a similar situation that I was comfortable talking about it, but I did consider just making a Craigslist post and seeing if somebody would do it for $5.
My information was at the top of the POS (the branch name will be the court where my case was), and I filled in what documents will be sent and the name and address of whoever is being served - which was going to be either be the DA’s office, the City Attorney office, or whichever other office prosecuted me (I didn't know), and my friend helping me filled in their name, address, date, and their signature.
Then I made two packets:
The first is for the court - I sent in (in this order) a CR-180, Declaration, CR-181, Proof of service, all paper clipped together. You're not supposed to staple them, I'm told they hate that. I also included a second CR-180, and declaration paper clipped together. I put the two paper clipped packets in an envelope and addressed it to the clerk’s office of the court that my case was in.
The second packet is for the prosecution - you have to let them know that you’re doing this, too. It was either the District Attorney or the City Attorney, I tried the DA first. Their packet was a CR-180, Declaration, and Proof of Service all paper clipped together. They only need one copy, so that was all I put in an envelope addressed to them.
Then I met with my friend who was serving (mailing) these papers, had them fill out their name, address, date, and signature on both Proofs of Service, and then signed and dated my CR-180 and my declaration. Sealed the envelopes, stamped them, and gave them to my friend to send off.
Like everything, this isn’t the easiest process. There’s some unknowns. I initially sent mine to the District Attorney’s office and it came back with a letter saying the wrong party was served. I resubmitted the packet (still via my friend, but now with a new POS) to the City Attorney, and this time it took. Sometimes this is going to happen and even the lawyer who was advising me wasn’t able to tell who to submit to until it came back rejected. Don’t worry. It’s a common thing and it came back with a letter explaining why it was rejected. One of the very few times that the government was helpful during this whole ordeal.
Additionally, it was good to know that I didn't only have one chance to apply for an expungement. While expungement is somewhat common in DUI cases, things happen and they can be rejected. If you get rejected they should tell you why, and you can always take another crack at it, you just have to wait six months.
After a few times of submitting, waiting, getting my forms back, having them bounce back and figure it all out I got a letter saying that everything was submitted and would be reviewed. A month later I got my judgement: The court granted my request and dismissed my case.
It was a long time coming but it was finally over - all the pain, all the money, all the hassle… I’d finally overcome it. It was an extremely joyous moment, one of the very few in this process.
It was all behind me. Officially.
From submitting the final accepted packet to getting my judgement was just about two months. Two months is all it took to be free.
The number one question that comes with an expungement - can you go to Canada? Because Canada has different DUI laws that make even the most minor DUI a felony, they’ve historically been strict on allowing DUI offenders into their country. However, now that I’m no longer convicted of a DUI, would I be ok to go?
I haven’t traveled myself, but every indication seems to be yes. There’s several anecdotal examples of people getting in, and this website seems to suggest the same. They say it’s a good idea to have a copy of your dismissal paperwork with you, which isn’t a bad idea. Ultimately, still, it’s up to the border officer you encounter, but seems like most recognize a CA expungement. Canada focuses on convictions… with this expungement… you weren’t convicted. Just wait a little bit for the database to get updated.
AB 1076 was passed a little while back and has made a world of difference to a lot of people - it allows minor convictions to become automatically expunged after a certain amount of time. The reasoning makes a lot of sense - a lot of people don’t know they’re eligible for the expungement, plus the burden of the costs and research involved is unfair. Since this became law millions have already had their past convictions of shoplifting or other minor, non violent crimes be cleared from their record, allowing them to move on with their lives.
Will it work in your case? I’m not so sure.
First off, the law only applies to people who have been arrested after Jan 1st, 2021 - which means that most, if not all, people who received DUIs since then would still be on probation and not eligible for the automatic expungement yet.
The other problem is I’m not completely sure if DUIs are covered under the law. There’s part that’s carved out to call to the vehicle code, but I don’t quite understand it. Like I’ve always said, I’m not a lawyer. Researching this hasn’t lead me to any sort of definitive this will or this win’t expunge a DUI.
I often explain to people, like I did at the beginning of this post, that once you get to a certain point you don't think about your DUI, and it's almost as if it never happened… This is what I mean. Since the day I received the judgement, I've been free. I've certainly learned my lesson to never want to go through this whole ordeal again, but now I have a feeling that I've "made up" for what I did.
It can happen to you, too.
Before we get into things - let me just be clear and reference the Disclaimer on the site and reiterate - I am not a lawyer, I have no legal training, and none of this is legal advice. This is a story of how I did things… I didn't know what I was doing and I had a little bit of guidance. Still, I think it's important to tell the story of how I mostly did my own expungement to showcase how it can be done. A previous post "Guest Post: How Often are DUI cases expunged in California" helped me to think I could take on the task myself, and gave me reassurance that expungement could be granted.
Additionally, every county is going to be different - this will apply to Los Angeles county, however there should be information on your county's website about which forms are needed.
“Expungement”
It had been over 3 years since my DUI and I wanted to move on with my life. I had learned a lot from the process, I had grown, I was in a different position in my life. But still, I was worried about it haunting me - I needed to move soon, and I was worried that my conviction would make any prospective landlord say no to me. I was worried that when I was applying to new jobs that I would have to disclose it and they would turn me down for the job. It’s a cruel way to live - I had “done the time”, I paid off every penny I owed, I had done everything they asked me to, not made a single mistake since, and still, I was under threat of being punished further, that my mistakes would hang over me for the rest of my life.
I wanted to move on.
Fortunately CA offers a chance for us to move past our mistakes. They don’t offer a “true” expungement (which would be clearing out the whole thing top to bottom) but they offer one that’s close enough to where it doesn’t matter - Your plea of “Guilty” or “No Contest” or finding of guilt is withdrawn, a please of “Not Guilty” is entered, and your case is dismissed and can no longer be used on background checks. It’s still in the system that you were arrested, but now any time you are asked about a conviction you can fill out “no” and be correct. It doesn’t apply to filing state certifications, the FBI file on you, Watson Murder Laws, you’re still prior-able for any further DUI you receive, it doesn’t apply to the DMV side of things, but… it’s something. In most cases it will be enough to make it so that your DUI doesn’t further hinder your life.
To be eligible you must have completed probation, and paid any fines and fees you owe to the state.
When first discussing representation with my attorneys back when this all started, a few tried to tempt me into hiring them by offering me a “discount” on a later expungement, or a motion to reduce probation. Even with this discount both were very expensive and I wasn’t in a great place financially. I had to find other options. Could I possibly do this myself? I started researching and started gathering the resources to get the process started.
Forms, lots of forms.
There’s a surprising amount of legal resources online provided by the government - The state has a guide where you can look up your conviction and see your eligibility, as well as guide you on how to expunge your record. More importantly they also host the two forms that are needed - CR-180 - the petition for dismissal, and CR-181 - the judge’s order to dismiss. The first one I filled out my court information at the top, then indicated which type of infraction I was convicted under and that I had done my probation, if it was terminated early I would've checked the box for that - but mine wasn't so I didn't, and that I should be “granted relief in the interest of justice”. It’s a lofty term, it feels like you’re asking them to clear up your case because you intend to become some sort of supercop, but really you’re asking them to be fair to you - you did everything you had to, you’re not dealing with another case, let me free. The companion document, CR-181, is basically the same court information and then setting everything up for a judge to check a box based on their decision and sign it. It’s basically making things easier on them, which is always a good thing.
Then comes the declaration - I could've written it in the space on CR-180, but there's not a lot of room to create a compelling argument. I decided to use a little bit more space, and I could have used either form MC-031 or deleted the first page of this pleading paper and written it according to legal practices - every line meeting up with a number on the side, numbering paragraphs, titling the document (on line 1), numbering the pages at the bottom above the footer (below line 28, and centered on the page) and filling in the information of what the document is at the bottom (Declaration in Support of Petition Under P.C. 1203.4, 1203.4a and/or P.C. 17(b)(3))
With the declaration I did what I’ve done this whole time - express remorse, regret, take responsibility for what I’ve done, and express how much better I've become, and how much I want to continue to be better. I wrote from the heart, writing about how awful this has been and how I never want to do it again. I let them know my pain, and how I absolutely never want to do this again. I also included how getting this expungement would help me achieve my goals in life and be a better person. It’s finally a chance for you to express all the things you’ve felt, all the please to God that you’ve made, with a chance that somebody will hear them, and help you. It feels good.
A Little Help
This is all a very technical process - and I didn’t know any of it. There’s a certain amount that you can do and learn on your own, but as with all of this process, it helps to get guidance from the professionals. There’s organizations dedicated to helping people get out from under the shadow of their conviction - namely Continuing Justice however, I managed to find a lawyer on social media who was willing to give me a little guidance, and it helped a lot. I never would’ve known all the rules about a pleading document without them. If you get confused there’s plenty of non-profit resources that you can look into.
Filing
This is where things get a little bit tricky and technical. It’s one of those “this is a reason why lawyers and legal clerks have jobs” sort of thing. Doing this by mail required me to have a Proof of Service form with the documents - form POS-030 - with this I couldn't turn the documents in by dropping them off, it must be via mail. There’s an additional hitch to this - I couldn't serve the documents since I am involved in the case. I had to get somebody else involved - it could've been anybody who isn’t involved in the case - a spouse, parent, child, friend, priest, grocer, neighbor, stranger you met in the street, anybody who isn’t me. I went with a friend who had gone through a similar situation that I was comfortable talking about it, but I did consider just making a Craigslist post and seeing if somebody would do it for $5.
My information was at the top of the POS (the branch name will be the court where my case was), and I filled in what documents will be sent and the name and address of whoever is being served - which was going to be either be the DA’s office, the City Attorney office, or whichever other office prosecuted me (I didn't know), and my friend helping me filled in their name, address, date, and their signature.
Then I made two packets:
The first is for the court - I sent in (in this order) a CR-180, Declaration, CR-181, Proof of service, all paper clipped together. You're not supposed to staple them, I'm told they hate that. I also included a second CR-180, and declaration paper clipped together. I put the two paper clipped packets in an envelope and addressed it to the clerk’s office of the court that my case was in.
The second packet is for the prosecution - you have to let them know that you’re doing this, too. It was either the District Attorney or the City Attorney, I tried the DA first. Their packet was a CR-180, Declaration, and Proof of Service all paper clipped together. They only need one copy, so that was all I put in an envelope addressed to them.
Then I met with my friend who was serving (mailing) these papers, had them fill out their name, address, date, and signature on both Proofs of Service, and then signed and dated my CR-180 and my declaration. Sealed the envelopes, stamped them, and gave them to my friend to send off.
Trial and Error
Like everything, this isn’t the easiest process. There’s some unknowns. I initially sent mine to the District Attorney’s office and it came back with a letter saying the wrong party was served. I resubmitted the packet (still via my friend, but now with a new POS) to the City Attorney, and this time it took. Sometimes this is going to happen and even the lawyer who was advising me wasn’t able to tell who to submit to until it came back rejected. Don’t worry. It’s a common thing and it came back with a letter explaining why it was rejected. One of the very few times that the government was helpful during this whole ordeal.
Additionally, it was good to know that I didn't only have one chance to apply for an expungement. While expungement is somewhat common in DUI cases, things happen and they can be rejected. If you get rejected they should tell you why, and you can always take another crack at it, you just have to wait six months.
Results
After a few times of submitting, waiting, getting my forms back, having them bounce back and figure it all out I got a letter saying that everything was submitted and would be reviewed. A month later I got my judgement: The court granted my request and dismissed my case.
It was a long time coming but it was finally over - all the pain, all the money, all the hassle… I’d finally overcome it. It was an extremely joyous moment, one of the very few in this process.
It was all behind me. Officially.
From submitting the final accepted packet to getting my judgement was just about two months. Two months is all it took to be free.
Travel
The number one question that comes with an expungement - can you go to Canada? Because Canada has different DUI laws that make even the most minor DUI a felony, they’ve historically been strict on allowing DUI offenders into their country. However, now that I’m no longer convicted of a DUI, would I be ok to go?
I haven’t traveled myself, but every indication seems to be yes. There’s several anecdotal examples of people getting in, and this website seems to suggest the same. They say it’s a good idea to have a copy of your dismissal paperwork with you, which isn’t a bad idea. Ultimately, still, it’s up to the border officer you encounter, but seems like most recognize a CA expungement. Canada focuses on convictions… with this expungement… you weren’t convicted. Just wait a little bit for the database to get updated.
Automatic Expungement
AB 1076 was passed a little while back and has made a world of difference to a lot of people - it allows minor convictions to become automatically expunged after a certain amount of time. The reasoning makes a lot of sense - a lot of people don’t know they’re eligible for the expungement, plus the burden of the costs and research involved is unfair. Since this became law millions have already had their past convictions of shoplifting or other minor, non violent crimes be cleared from their record, allowing them to move on with their lives.
Will it work in your case? I’m not so sure.
First off, the law only applies to people who have been arrested after Jan 1st, 2021 - which means that most, if not all, people who received DUIs since then would still be on probation and not eligible for the automatic expungement yet.
The other problem is I’m not completely sure if DUIs are covered under the law. There’s part that’s carved out to call to the vehicle code, but I don’t quite understand it. Like I’ve always said, I’m not a lawyer. Researching this hasn’t lead me to any sort of definitive this will or this win’t expunge a DUI.
Afterwards
I often explain to people, like I did at the beginning of this post, that once you get to a certain point you don't think about your DUI, and it's almost as if it never happened… This is what I mean. Since the day I received the judgement, I've been free. I've certainly learned my lesson to never want to go through this whole ordeal again, but now I have a feeling that I've "made up" for what I did.
It can happen to you, too.
Guest Post: Preparing for Court - Surviving your DUI Court date
02/ 14 / 22
Max Frizalone of the Frizwoods Group reached out to me and offered some insights on how to prepare for court. Personally one of the big advantages of hiring a lawyer was having to avoid all this (although in my case they messed it up), but since some people opt not to hire one, or are in a position to where they may have to appear, I thought this would be a valuable article. - Tom
If you are required to appear in court, especially as a defendant in a DUI case, you must dress and behave appropriately. Although this seems simple for lawyers, attire can be a point of stress for many Defendants. I’ve written this article as a day-of-court guide for anyone who might be unfamiliar with what to wear for their case. The basic rule of thumb is dress to impress.
In other words, you must present yourself in a way that makes the best possible impression on the judge, the prosecution, and the jury (if applicable). All of these people will have an impact on the outcome of your case, and they will—rightly or wrongly—judge you based on your appearance and behavior in court.
Therefore, understanding how to present yourself in court is a must if you want to increase your odds of a successful outcome in your criminal case. In this article, we discuss how to prepare for court for a DUI case.
Studies have shown that a person forms a first impression of another person within seconds of meeting. According to research in the field of neuroscience, the human tendency to judge others based on first impressions is hard-wired into our brains. In other words, it is our natural instinct as human beings to make snap judgments about others.
So, it’s easy to see how this can affect you as a criminal defendant in court. Judges, juries, and prosecutors are driven by the same human instincts as everyone else, and their first impressions of you can have a huge impact on the outcome of your case. Therefore, as a criminal defendant, it is imperative that you do everything you can to make an excellent first impression when appearing in court. As unfair as it may seem, your appearance and behavior in court can have a huge effect on the outcome of your case.
The first thing that the judge, prosecutor, and jury will notice about you when you enter the courtroom is your appearance. Therefore, you must dress in a manner that makes a great impression on the people who will have an impact on your case. For men, best practices would be to wear:
And for women, appropriate dress in court means:
In my career as a Public servant (on both sides of a Court room) I have seen nearly every bad outfit that a person can wear to Court. Everything from F@!* the Police shirts, to shirts that are barely there. I can honestly say that those people were taken less seriously. In a room where your credibility might be the difference between jail and a probation, it’s important to play it safe.
As noted above, you shouldn’t dress casually in court. Court is a business-like environment. If you dress casually, the people who will affect the outcome of your case may assume that you aren’t taking the matter seriously, and this isn’t a good thing. No matter what you think about the criminal charges against you, you must demonstrate that you are respectful of the legal process—and this starts with your appearance.
Although you shouldn’t dress casually in court, you also should avoid wearing flashy or overly formal clothing, as this may also paint you in a bad light. For example, court isn’t the place to wear a tuxedo or evening gown. In addition, you should avoid clothes with bright colors or flashy patterns.
Finally, you should avoid wearing clothing that may be seen as controversial, such as clothes that display political or social statements. You have no way of knowing how the judge, prosecutor, or jury may react to such statements, so it is best to avoid them altogether.
In addition to wearing the proper clothing to court, you should ensure that you are well-groomed and present a neat, clean, appearance. This includes:
And although this certainly isn’t true across the board, many judges and jurors hold traditional views on tattoos and piercings. Therefore, you should err on the side of caution when it comes to displaying your tattoos and body piercings in court. In other words, if possible, you should cover your tattoos and remove all non-traditional piercings before appearing in the courtroom.
Unfortunately there are certain tattoos that cannot be easily covered. I have personally been involved in cases with facial tattoos that were covered by makeup. While it was challenging, it was important to attempt to cover these tattoos based on the subconscious negative associations that jurors and judges might hold against a client or witness.
Although, as a criminal defendant, you probably won’t have the opportunity to speak often in court (your attorney will likely encourage you to exercise your constitutional right to remain silent), when you do have a chance to speak, you should do so respectfully. For example, when dealing directly with the judge in your case, you should use a respectful tone of voice and always address him or her as “your honor.” In addition, you should avoid using slang terminology and other language that may give the judge and jury the impression you aren’t taking the legal process seriously.
There are certain points in every case where I discuss having my client give an impact statement before their sentence (if they are found guilty). I always ask my clients to prepare the statement in advance as it is necessary to make a few edits. Additionally, I always ask my clients not to criticize the State’s case, unless we’ve lost a contested trial. There’s nothing worse then entering a guilty plea and then arguing with the Judge that you weren’t guilty, or the police lied. If those things are in fact true, then it would be best to hash it out at a trial.
Presenting yourself in an appropriate manner while in court is a necessary component of a solid defense. However, there is much more to successfully fighting DUI charges than simply looking nice and behaving respectfully. To give yourself the best chance of success in your criminal case, you need an experienced criminal defense attorney on your side. Look to an attorney's reputation in the community and speak with them before paying any money.
Best of luck with your Court date, you’re going to be A-O-K.
Preparing for Court - Surviving your DUI Court date
If you are required to appear in court, especially as a defendant in a DUI case, you must dress and behave appropriately. Although this seems simple for lawyers, attire can be a point of stress for many Defendants. I’ve written this article as a day-of-court guide for anyone who might be unfamiliar with what to wear for their case. The basic rule of thumb is dress to impress.
In other words, you must present yourself in a way that makes the best possible impression on the judge, the prosecution, and the jury (if applicable). All of these people will have an impact on the outcome of your case, and they will—rightly or wrongly—judge you based on your appearance and behavior in court.
Therefore, understanding how to present yourself in court is a must if you want to increase your odds of a successful outcome in your criminal case. In this article, we discuss how to prepare for court for a DUI case.
The Science of First Impressions
Studies have shown that a person forms a first impression of another person within seconds of meeting. According to research in the field of neuroscience, the human tendency to judge others based on first impressions is hard-wired into our brains. In other words, it is our natural instinct as human beings to make snap judgments about others.
So, it’s easy to see how this can affect you as a criminal defendant in court. Judges, juries, and prosecutors are driven by the same human instincts as everyone else, and their first impressions of you can have a huge impact on the outcome of your case. Therefore, as a criminal defendant, it is imperative that you do everything you can to make an excellent first impression when appearing in court. As unfair as it may seem, your appearance and behavior in court can have a huge effect on the outcome of your case.
What to Wear
The first thing that the judge, prosecutor, and jury will notice about you when you enter the courtroom is your appearance. Therefore, you must dress in a manner that makes a great impression on the people who will have an impact on your case. For men, best practices would be to wear:
- A clean suit or a sport coat and dress pants
- Conservative dress shoes
- Matching dress socks
- A solid-colored shirt with a collar
- A solid-colored tie.
And for women, appropriate dress in court means:
- A dress blouse
- A professional skirt or dress pants
- Conservative dress shoes, such as low-heel pumps or flats
In my career as a Public servant (on both sides of a Court room) I have seen nearly every bad outfit that a person can wear to Court. Everything from F@!* the Police shirts, to shirts that are barely there. I can honestly say that those people were taken less seriously. In a room where your credibility might be the difference between jail and a probation, it’s important to play it safe.
Additional Attire Tips
Don’t dress casually:
As noted above, you shouldn’t dress casually in court. Court is a business-like environment. If you dress casually, the people who will affect the outcome of your case may assume that you aren’t taking the matter seriously, and this isn’t a good thing. No matter what you think about the criminal charges against you, you must demonstrate that you are respectful of the legal process—and this starts with your appearance.
Avoid flashy or overly formal clothing:
Although you shouldn’t dress casually in court, you also should avoid wearing flashy or overly formal clothing, as this may also paint you in a bad light. For example, court isn’t the place to wear a tuxedo or evening gown. In addition, you should avoid clothes with bright colors or flashy patterns.
Avoid anything controversial:
Finally, you should avoid wearing clothing that may be seen as controversial, such as clothes that display political or social statements. You have no way of knowing how the judge, prosecutor, or jury may react to such statements, so it is best to avoid them altogether.
Grooming Tips
In addition to wearing the proper clothing to court, you should ensure that you are well-groomed and present a neat, clean, appearance. This includes:
- Styling your hair in a conservative, neat fashion
- Avoiding wet, dirty, or messy hair. You don’t want to look like you’ve just woken up.
- Scheduling a haircut one or two weeks before your court date.
- Keeping your nails neat, clean, and trimmed
- For women, using neutral or conservative nail polish
- For men, being clean-shaven or having a neatly trimmed beard.
Cover Tattoos and Non-Traditional Piercings
Tattoos and piercings are widespread and common today. Unfortunately, despite their prevalence, negative connotations associated with tattoos and certain types of piercings still exist, especially in areas that tend to be more socially conservative.And although this certainly isn’t true across the board, many judges and jurors hold traditional views on tattoos and piercings. Therefore, you should err on the side of caution when it comes to displaying your tattoos and body piercings in court. In other words, if possible, you should cover your tattoos and remove all non-traditional piercings before appearing in the courtroom.
Unfortunately there are certain tattoos that cannot be easily covered. I have personally been involved in cases with facial tattoos that were covered by makeup. While it was challenging, it was important to attempt to cover these tattoos based on the subconscious negative associations that jurors and judges might hold against a client or witness.
Although, as a criminal defendant, you probably won’t have the opportunity to speak often in court (your attorney will likely encourage you to exercise your constitutional right to remain silent), when you do have a chance to speak, you should do so respectfully. For example, when dealing directly with the judge in your case, you should use a respectful tone of voice and always address him or her as “your honor.” In addition, you should avoid using slang terminology and other language that may give the judge and jury the impression you aren’t taking the legal process seriously.
There are certain points in every case where I discuss having my client give an impact statement before their sentence (if they are found guilty). I always ask my clients to prepare the statement in advance as it is necessary to make a few edits. Additionally, I always ask my clients not to criticize the State’s case, unless we’ve lost a contested trial. There’s nothing worse then entering a guilty plea and then arguing with the Judge that you weren’t guilty, or the police lied. If those things are in fact true, then it would be best to hash it out at a trial.
Presenting yourself in an appropriate manner while in court is a necessary component of a solid defense. However, there is much more to successfully fighting DUI charges than simply looking nice and behaving respectfully. To give yourself the best chance of success in your criminal case, you need an experienced criminal defense attorney on your side. Look to an attorney's reputation in the community and speak with them before paying any money.
Best of luck with your Court date, you’re going to be A-O-K.
New Year, New Laws - 2021
01/ 04 / 21
(Hey there, everyone - I first sent this post out via my newsletter - feel free to sign up for more updates like this. - Tom)
Hello, Happy New Year! Hope this one is treating you well.
2020 was a rough one for sure. What's nice about it is, when things hit the bottom, the only place they can go is up. That was my experience getting a DUI, and that's the attitude I'm taking with me into 2021. We'll see how long it lasts.
The first day of January usually involves a lot of changing laws, more often than not bringing the hammer down on DUI offenders harder, but that wasn't the case this year. As legislatures were unable to meet or otherwise occupied by the pandemic, DUI offenders weren't in the crosshairs for once. A nice feeling.
Instead the theme of this year's new laws: Justice Reform.
After the George Floyd incident and protests the tide shifted in this country, whether you agree with those sentiments towards police or not, and legislators acted in response (it was an election year, after all).
(Again standard legal disclaimer here: I'm not a lawyer, and I'm definitely not your lawyer, any analysis of this is me just trying to piece things together from the news/bills and I don't know the full ins-and-outs of how all this goes down. I'm giving you my best idea, however)
Legalized recreational marijuana - can still get a DUI-Drugs.
AB 3234 - Allows misdemeanor DUIs to become eligible for diversion. Once diversion is completed, the crime doesn't stick to your record.
I haven't gotten into the nuts-and-bolts of this one (these types of programs aren't laid out beforehand), but I'm guessing it's a lot like other programs - fines, probation, meetings - a lot of what you already do when convicted - and they seal your record automatically once it's done. No longer does a non-expunged DUI hang over your head for ten years. I'm guessing it'll still be prior-able since they love to be able to still stick it to you when they have a chance, and it'll stay on your DMV record so you're not getting a break on insurance.
That said - it's a great step forward. A DUI doesn't need to ruin somebody's life, it needs to teach them a lesson. Most of us have learned ours from the feeling of seeing police lights in the rearview.
The big caveat of this: It won't apply to a DUI you already have. If you've been convicted you'll still have to apply for an expungement the old fashioned way.
AB 1076 - Under this law, the state will automatically clear records for arrests that did not result in conviction after the statute of limitations has passed, and those around probation and jail once the sentence is completed.
This goes hand-in-hand nicely with the other law - if you don't receive diversion (it's up to the judge) and get convicted as you would have prior, your records will be sealed as if you got an expungement. This saves you the time and money of the process (which was difficult for me, and I plan to write about soon).
It's also nice to see a clearing of the arrest that doesn't lead to convictions - a lot of people think that if they get off then everything is fine, but an arrest still shows up on your record. That will no longer be the case.
However, like before, this only applies to arrests/and convictions after Jan 1, 2021.
Prop 17 - If your previous DUI was a felony, you may be eligible to regain your right to vote (it's insane that we take away voting rights like this in the first place).
Legalized recreational marijuana - can still get a DUI-Drugs.
Commercial truck drivers - or anyone driving a vehicle weighting 10,001 lbs or more, will automatically have their DWI upgraded to an Aggravated DWI, which carries a larger fine (up to $750 from $500, but don't think that's what you'll be paying) and a mandatory minimum of 17 days in jail (12 days will be suspended if the driver submits to a substance use disorder evaluation). Additionally, those commercial drivers who refuse to submit to a breathalyzer will have their commercial license suspended immediately instead of having that little bit of wiggle time before it was suspended.
Harsh. Commercial drivers used to be subject to the same laws as ordinary drivers, but no longer.
Legalized recreational marijuana - can still get a DUI-Drugs.
A "Move Over" law was enacted - if an emergency vehicle is at the side of the road, you need to move over a lane away from them or slow down to 20 MPH under the speed limit. Give them some space or police will have a reasonable cause to pull you over.
Legalized recreational marijuana - can still get a DUI-Drugs.
As of 1/1/21 - You can't drive while holding a cell phone. Only related to DUIs because it gives a reasonable cause to pull somebody over.
Tangentially related to DUI issues is the Real ID card - it was supposed to be required to fly this previous years, but in interest of keeping DMVs less crowded and/or closed, they delayed it until October. You'll need a Real ID compliant license to step on an airplane. So, if your license was suspended you'll either need to use a Passport, or get a Real ID state ID card to get on board. If you are getting a new license after suspension, be sure to get a Real ID compliant license. If you've just gotten one, then you either need a passport or have to go through the renewal process/fee again.
These are all the ones related/semi-related to drinking and driving that I could find. Has your state issued one I missed? Let me know!
Tom.
Hello, Happy New Year! Hope this one is treating you well.
2020 was a rough one for sure. What's nice about it is, when things hit the bottom, the only place they can go is up. That was my experience getting a DUI, and that's the attitude I'm taking with me into 2021. We'll see how long it lasts.
Changing Laws
The first day of January usually involves a lot of changing laws, more often than not bringing the hammer down on DUI offenders harder, but that wasn't the case this year. As legislatures were unable to meet or otherwise occupied by the pandemic, DUI offenders weren't in the crosshairs for once. A nice feeling.
Instead the theme of this year's new laws: Justice Reform.
After the George Floyd incident and protests the tide shifted in this country, whether you agree with those sentiments towards police or not, and legislators acted in response (it was an election year, after all).
(Again standard legal disclaimer here: I'm not a lawyer, and I'm definitely not your lawyer, any analysis of this is me just trying to piece things together from the news/bills and I don't know the full ins-and-outs of how all this goes down. I'm giving you my best idea, however)
Arizona
Legalized recreational marijuana - can still get a DUI-Drugs.
California
AB 3234 - Allows misdemeanor DUIs to become eligible for diversion. Once diversion is completed, the crime doesn't stick to your record.
I haven't gotten into the nuts-and-bolts of this one (these types of programs aren't laid out beforehand), but I'm guessing it's a lot like other programs - fines, probation, meetings - a lot of what you already do when convicted - and they seal your record automatically once it's done. No longer does a non-expunged DUI hang over your head for ten years. I'm guessing it'll still be prior-able since they love to be able to still stick it to you when they have a chance, and it'll stay on your DMV record so you're not getting a break on insurance.
That said - it's a great step forward. A DUI doesn't need to ruin somebody's life, it needs to teach them a lesson. Most of us have learned ours from the feeling of seeing police lights in the rearview.
The big caveat of this: It won't apply to a DUI you already have. If you've been convicted you'll still have to apply for an expungement the old fashioned way.
AB 1076 - Under this law, the state will automatically clear records for arrests that did not result in conviction after the statute of limitations has passed, and those around probation and jail once the sentence is completed.
This goes hand-in-hand nicely with the other law - if you don't receive diversion (it's up to the judge) and get convicted as you would have prior, your records will be sealed as if you got an expungement. This saves you the time and money of the process (which was difficult for me, and I plan to write about soon).
It's also nice to see a clearing of the arrest that doesn't lead to convictions - a lot of people think that if they get off then everything is fine, but an arrest still shows up on your record. That will no longer be the case.
However, like before, this only applies to arrests/and convictions after Jan 1, 2021.
Prop 17 - If your previous DUI was a felony, you may be eligible to regain your right to vote (it's insane that we take away voting rights like this in the first place).
Montana
Legalized recreational marijuana - can still get a DUI-Drugs.
New Hampshire
Commercial truck drivers - or anyone driving a vehicle weighting 10,001 lbs or more, will automatically have their DWI upgraded to an Aggravated DWI, which carries a larger fine (up to $750 from $500, but don't think that's what you'll be paying) and a mandatory minimum of 17 days in jail (12 days will be suspended if the driver submits to a substance use disorder evaluation). Additionally, those commercial drivers who refuse to submit to a breathalyzer will have their commercial license suspended immediately instead of having that little bit of wiggle time before it was suspended.
Harsh. Commercial drivers used to be subject to the same laws as ordinary drivers, but no longer.
New Jersey
Legalized recreational marijuana - can still get a DUI-Drugs.
Pennsylvania
A "Move Over" law was enacted - if an emergency vehicle is at the side of the road, you need to move over a lane away from them or slow down to 20 MPH under the speed limit. Give them some space or police will have a reasonable cause to pull you over.
South Dakota
Legalized recreational marijuana - can still get a DUI-Drugs.
Virginia
As of 1/1/21 - You can't drive while holding a cell phone. Only related to DUIs because it gives a reasonable cause to pull somebody over.
Traveling
Tangentially related to DUI issues is the Real ID card - it was supposed to be required to fly this previous years, but in interest of keeping DMVs less crowded and/or closed, they delayed it until October. You'll need a Real ID compliant license to step on an airplane. So, if your license was suspended you'll either need to use a Passport, or get a Real ID state ID card to get on board. If you are getting a new license after suspension, be sure to get a Real ID compliant license. If you've just gotten one, then you either need a passport or have to go through the renewal process/fee again.
These are all the ones related/semi-related to drinking and driving that I could find. Has your state issued one I missed? Let me know!
Tom.
The MADD Victim Impact Panel (VIP)
01/ 21 / 20
Mothers Against Drunk Driving… Who could argue against that? We all agree that drinking and driving is awful… what kind of awful person would go against this organization?
Well, after this whole experience… probably you.
One of the odder requirements the court has for you is to attend a MADD Victim Impact Panel (MADD VIP class).
I cannot, for the life of me, think of another instance where somebody who is sentenced for a crime has to go to a specific lobbyist organization and give money to them. Even if you’re sentenced to a rehabilitation program you don’t have to join AA, you can join AlAnon or other options that align with your views (such as one of those swanky $10,000/month outpatient treatments).
But with a DUI you’re forced to give MADD $50. There’s no other options.
I’m not here to say that MADD is a bad or even misguided organization (there’s plenty of criticism against them here) but I will say they’ve had an overly large effect on this nation’s laws (they’re responsible for tying Federal highway funds to the .08 limit) and that requiring somebody to go to their class and pay for it seems like a kickback to me.
But who’s to say?
The class you’re required to is, honestly, another waste of your time. It’s about two hours of family members describing how wonderful a loved one of theirs was, and how they lost their life, or suffered great injury, due to a drunk driver. It’s supposed to put a face to all the pain and suffering that could’ve happened due to your actions. I suppose it may be helpful to some - but with your DUI classes you’re forced to go to, you have plenty of people telling similar stories, and before too long you become completely numb to them. Perhaps it is different for people to see a person who was affected, but I’d heard enough stories at this point. I got it. I understood.
It’s an uncomfortable event and it’s best to just put your head down and get it over with. The important thing is to pre-register for the class (you really don’t want to show up and for it to be full so that you have to go again), and to show up on time. DO NOT BE LATE. BE EARLY. PLAN FOR MISERABLE PARKING. If you’re late you may not be allowed in, and your pre-payment will not transfer to your new time. When I went they did not allow pre-payments and you had to get a money order to attend. Ridiculous. Now they allow credit cards for pre-registrations, but if you decide to show up you need a money order. It feels that we should be past being unable to take forms of payment in this day and age, especially for something you’re forced to do, but apparently not.
Get there early, check in (bring whatever you’re using as an ID), and then get comfy. Bathroom breaks are regimented so that people don’t hide out there. Don’t sleep, don’t be on your phone. If the people running it feel that you are not paying adequate attention they can refuse to honor your attendance. Be awake, pay attention, don’t chance it. It’s long, but not the longest thing in the world. Get through it. Clap when everybody else does. Look miserable (ok, that part is not hard). The best trick I can tell you: sit in the first three or four rows. They usually get out earlier since everybody tries to sit in the back or middle. Be a good student.
Once your lecture is over, you’ll be dismissed by rows, sent to a single file line where you’ll be greeted by every speaker, who is sure to give you a look like you’re a complete jerk. It’s a humiliating process, and that’s what they want it to be. Look them back, say “sorry for your loss” or “thank you for sharing”, be polite, be gracious. It’s almost over.
They’ll then lead you to a person who you’ll give your name and show your ID to again. Then they will ask you to make a donation - you've already paid $50 and an evening for this, so I declined. If you feel it was worth more, then do what you will. I can't imagine paying on top of this, however.
Then the big moment comes: They give you your completion certificate. Hold on to this with your life. If you lose it they might make you take it again. Or they might make you pay $25. Depends on how “generous” the MADD branch is. Either way, it’s very valuable. Take a picture of it. You’ll then either give it to your lawyer to file, or turn it in to the court yourself. Get a receipt.
It’s a ridiculous event they make you attend, and I do not know how much it helps anything. It’s absurd to force people to patronize a specific organization, and unbelievable that they’d make you go to something to shame you.
But there’s no choice.
Get it over with, get it out the way, and move on. Turn the paper in, check off the box.
You’re one step closer to being free of this.
Well, after this whole experience… probably you.
One of the odder requirements the court has for you is to attend a MADD Victim Impact Panel (MADD VIP class).
I cannot, for the life of me, think of another instance where somebody who is sentenced for a crime has to go to a specific lobbyist organization and give money to them. Even if you’re sentenced to a rehabilitation program you don’t have to join AA, you can join AlAnon or other options that align with your views (such as one of those swanky $10,000/month outpatient treatments).
But with a DUI you’re forced to give MADD $50. There’s no other options.
I’m not here to say that MADD is a bad or even misguided organization (there’s plenty of criticism against them here) but I will say they’ve had an overly large effect on this nation’s laws (they’re responsible for tying Federal highway funds to the .08 limit) and that requiring somebody to go to their class and pay for it seems like a kickback to me.
But who’s to say?
The Victim Impact Panel
The class you’re required to is, honestly, another waste of your time. It’s about two hours of family members describing how wonderful a loved one of theirs was, and how they lost their life, or suffered great injury, due to a drunk driver. It’s supposed to put a face to all the pain and suffering that could’ve happened due to your actions. I suppose it may be helpful to some - but with your DUI classes you’re forced to go to, you have plenty of people telling similar stories, and before too long you become completely numb to them. Perhaps it is different for people to see a person who was affected, but I’d heard enough stories at this point. I got it. I understood.
It’s an uncomfortable event and it’s best to just put your head down and get it over with. The important thing is to pre-register for the class (you really don’t want to show up and for it to be full so that you have to go again), and to show up on time. DO NOT BE LATE. BE EARLY. PLAN FOR MISERABLE PARKING. If you’re late you may not be allowed in, and your pre-payment will not transfer to your new time. When I went they did not allow pre-payments and you had to get a money order to attend. Ridiculous. Now they allow credit cards for pre-registrations, but if you decide to show up you need a money order. It feels that we should be past being unable to take forms of payment in this day and age, especially for something you’re forced to do, but apparently not.
Get there early, check in (bring whatever you’re using as an ID), and then get comfy. Bathroom breaks are regimented so that people don’t hide out there. Don’t sleep, don’t be on your phone. If the people running it feel that you are not paying adequate attention they can refuse to honor your attendance. Be awake, pay attention, don’t chance it. It’s long, but not the longest thing in the world. Get through it. Clap when everybody else does. Look miserable (ok, that part is not hard). The best trick I can tell you: sit in the first three or four rows. They usually get out earlier since everybody tries to sit in the back or middle. Be a good student.
Once your lecture is over, you’ll be dismissed by rows, sent to a single file line where you’ll be greeted by every speaker, who is sure to give you a look like you’re a complete jerk. It’s a humiliating process, and that’s what they want it to be. Look them back, say “sorry for your loss” or “thank you for sharing”, be polite, be gracious. It’s almost over.
They’ll then lead you to a person who you’ll give your name and show your ID to again. Then they will ask you to make a donation - you've already paid $50 and an evening for this, so I declined. If you feel it was worth more, then do what you will. I can't imagine paying on top of this, however.
Then the big moment comes: They give you your completion certificate. Hold on to this with your life. If you lose it they might make you take it again. Or they might make you pay $25. Depends on how “generous” the MADD branch is. Either way, it’s very valuable. Take a picture of it. You’ll then either give it to your lawyer to file, or turn it in to the court yourself. Get a receipt.
It’s a ridiculous event they make you attend, and I do not know how much it helps anything. It’s absurd to force people to patronize a specific organization, and unbelievable that they’d make you go to something to shame you.
But there’s no choice.
Get it over with, get it out the way, and move on. Turn the paper in, check off the box.
You’re one step closer to being free of this.
On Probation
07/ 31 / 19
On Probation
Hi everyone. Been a while, I know. Truth of the matter is that once you’re sentenced, you’ve done your classes, gotten rid of your interlock, got your license back, life continues where you left off. Sure, your insurance is still high, but there’s an end in sight.
You might not believe this, but there comes a time when you hardly even think about your DUI.
It’s a good feeling. It’s a weird feeling.
Probation in CA lasts for three years. Throughout my journey with the DUI I kept getting different answers as to when it started. In my final assessment, my DUI class instructor told me that it started from the date of arrest. That made me feel better. It did not turn out to be the case. You’re on probation as soon as you get arrested, but it doesn’t count towards your probation. Would’ve been nice if it did, but, alas, it’s just how things go.
My lawyer told me it would start from the day I was sentenced. This seemed to make sense, but this, too, wasn’t quite the case. One day a few weeks ago, I decided to call up the DMV and double check (always a good idea) to make sure that my probation had passed like it should have. It did. Just my last day of probation was a month and a half later than I had calculated.
No idea why, and there’s really nothing I could’ve done about it. Can you imagine calling the DMV, “Hi, while I didn’t violate my probation, can you retroactively make my probation have ended earlier?”
If I had to do it again, which I’m trying my damnedest not to, I would’ve gotten my lawyer or called myself to find a definitive date that my probation was over. Would’ve had a small little celebration to myself when midnight ticked over on the clock when it happened (not drinking and driving, of course).
The probation you go on for your first DUI (and possibly others) is called “Summary Probation”, which basically means “don’t fuck up or we’ll throw the book at you”. There’s no expensive probation officer, which is probably the first time they let you not have another fee they could charge you. No PO, no checking in, nothing like that. Just don’t mess up.
Additionally you can't refuse a field sobriety test, and your odds of getting picked at a DUI checkpoint raise if they're checking plates (although I cruised through two, sober, without being tested).
So what is messing up?
Some people believe it’s committing any crime, but that’s not quite it. My lawyer told me that he had somebody arrested for shoplifting while on DUI probation and the court didn’t care, didn’t consider it a violation. (Update: I have been told in other states that this will trigger a violation, so best to keep clean as a whistle) While this blog does not condone shoplifting or any other crimes in any way whatsoever, you should know what scrutiny you’re under.
This probation deals with alcohol and driving - basically you can’t get caught with even a drop of alcohol in your blood when you’re driving or else you’ll face some consequences (and remember, you can't refuse a test). The common thing to say is that it’s another DUI even if you’re at .0001, but that’s not true either. They can only give you a DUI if you’re over .08 (.05 now in some places), otherwise it’s “just” a probation violation, which means more school, more money paid, more probation. If you’re above .08 you get a DUI on top of that. Not good.
Other traffic infractions are fine. This I can verify personally - I did receive a parking ticket, and an out-of-state speeding ticket (14 over on the highway, bullshit speed trap), and neither affected my probation or caused any additional consequences (and yes, I was sweating bullets when pulled over on that highway and very worried about if this counts as a violation. Next rest stop I did a lot of googling until I calmed down enough to continue on my trip.)
Any sort of aggravated driving, road rage, that sort of thing takes you into the “maybe” territory. It’s all up to a judge and the system, and by this point you know how it goes. If they can, they usually will. You might catch a break, probably not, depends on a lot of things out of your control, and how you handle yourself around them. Bottom line: I wouldn’t depend on anything.
Your Summary Probation basically comes down to two tenets:
Seems easy enough. But three years is a long, long time. It gets harder and harder the longer you are from your DUI. Drinks after work, wine with a meal, beer at a ballgame. The temptations are everywhere. And if you’re like me, and haven’t quit drinking, you’ll eventually indulge yourself.
“A beer or two won’t hurt, not like I’m getting drunk, not like that night”
And then you wait a little bit, don’t get ‘one more for the road’, call it early.
And then you get in your car, and you head home. With just a little bit in your system. Nothing too bad, just a little bit.
And then a cop gets behind you.
And then you start sweating, worrying. Praying that your tail light is working, making sure your seat belt is fastened tight.
And the cop keeps following you, and you start worrying if he is playing games with you, you’re worrying that he somehow knows that you’re in violation.
You turn off the radio, you pay the best attention you can, and then eventually the cop turns down another road, and you let out a big sigh of relief.
Then two weeks later your friend asks you to happy hour.
And you start to sweat again, and think about what could happen.
This is what it’s like. It’s easy in that you don’t really have to do anything except not mess up. It’s hard in that our society practically pushes people to drink and drive. Odds are you’re reading this because you went to a social function, or did something that we’re told is how you relax. You felt fine because we don’t teach people how alcohol affects the body and it’s impossible to “feel” what your BAC level is. We make fun of people who use breathalyzers, and everyone condemns drinking and driving but nearly everyone does it.
You’re going to find yourself in a lot of situations where you will be tempted to violate your probation. I suggest knowing your BAC by using a portable breathalyzer, or taking an Uber or Lyft.
Looking over your shoulder for cops all the time sucks.
Some lawyers will offer you a service to where they can reduce your probation, usually take off the third year. I didn’t go for this, they wanted a thousand dollars for it, and I’d spent enough. Instead, I went through the whole thing. The theory is they cite your fulfilling all your commitments and use your two years (one and a half in some cases) of not violating probation as evidence that you won’t violate it for the next. Works some times, doesn’t work others. I decided to stick it out, a thousand dollars buys a lot of Lyfts, and I can refuse one last round and wait it out.
And so I did.
And now I’m free.
Reader, I can’t tell you how good it feels to be free of the system to come this far. Now I just have to get past the 3-year anniversary of finalizing my suspension to get my insurance rates to fall to normal and then… it’s all behind me.
The journey is long, and it’s hard, but just take it one step at a time, and you can get through it. It costs a lot, and it takes up a lot of time, but you can get through it.
You can Survive a DUI.
Hi everyone. Been a while, I know. Truth of the matter is that once you’re sentenced, you’ve done your classes, gotten rid of your interlock, got your license back, life continues where you left off. Sure, your insurance is still high, but there’s an end in sight.
You might not believe this, but there comes a time when you hardly even think about your DUI.
It’s a good feeling. It’s a weird feeling.
Probation in CA lasts for three years. Throughout my journey with the DUI I kept getting different answers as to when it started. In my final assessment, my DUI class instructor told me that it started from the date of arrest. That made me feel better. It did not turn out to be the case. You’re on probation as soon as you get arrested, but it doesn’t count towards your probation. Would’ve been nice if it did, but, alas, it’s just how things go.
My lawyer told me it would start from the day I was sentenced. This seemed to make sense, but this, too, wasn’t quite the case. One day a few weeks ago, I decided to call up the DMV and double check (always a good idea) to make sure that my probation had passed like it should have. It did. Just my last day of probation was a month and a half later than I had calculated.
No idea why, and there’s really nothing I could’ve done about it. Can you imagine calling the DMV, “Hi, while I didn’t violate my probation, can you retroactively make my probation have ended earlier?”
If I had to do it again, which I’m trying my damnedest not to, I would’ve gotten my lawyer or called myself to find a definitive date that my probation was over. Would’ve had a small little celebration to myself when midnight ticked over on the clock when it happened (not drinking and driving, of course).
The probation you go on for your first DUI (and possibly others) is called “Summary Probation”, which basically means “don’t fuck up or we’ll throw the book at you”. There’s no expensive probation officer, which is probably the first time they let you not have another fee they could charge you. No PO, no checking in, nothing like that. Just don’t mess up.
Additionally you can't refuse a field sobriety test, and your odds of getting picked at a DUI checkpoint raise if they're checking plates (although I cruised through two, sober, without being tested).
So what is messing up?
Some people believe it’s committing any crime, but that’s not quite it. My lawyer told me that he had somebody arrested for shoplifting while on DUI probation and the court didn’t care, didn’t consider it a violation. (Update: I have been told in other states that this will trigger a violation, so best to keep clean as a whistle) While this blog does not condone shoplifting or any other crimes in any way whatsoever, you should know what scrutiny you’re under.
This probation deals with alcohol and driving - basically you can’t get caught with even a drop of alcohol in your blood when you’re driving or else you’ll face some consequences (and remember, you can't refuse a test). The common thing to say is that it’s another DUI even if you’re at .0001, but that’s not true either. They can only give you a DUI if you’re over .08 (.05 now in some places), otherwise it’s “just” a probation violation, which means more school, more money paid, more probation. If you’re above .08 you get a DUI on top of that. Not good.
Other traffic infractions are fine. This I can verify personally - I did receive a parking ticket, and an out-of-state speeding ticket (14 over on the highway, bullshit speed trap), and neither affected my probation or caused any additional consequences (and yes, I was sweating bullets when pulled over on that highway and very worried about if this counts as a violation. Next rest stop I did a lot of googling until I calmed down enough to continue on my trip.)
Any sort of aggravated driving, road rage, that sort of thing takes you into the “maybe” territory. It’s all up to a judge and the system, and by this point you know how it goes. If they can, they usually will. You might catch a break, probably not, depends on a lot of things out of your control, and how you handle yourself around them. Bottom line: I wouldn’t depend on anything.
Your Summary Probation basically comes down to two tenets:
- Don’t drink and drive
- Don’t be an asshole.
Seems easy enough. But three years is a long, long time. It gets harder and harder the longer you are from your DUI. Drinks after work, wine with a meal, beer at a ballgame. The temptations are everywhere. And if you’re like me, and haven’t quit drinking, you’ll eventually indulge yourself.
“A beer or two won’t hurt, not like I’m getting drunk, not like that night”
And then you wait a little bit, don’t get ‘one more for the road’, call it early.
And then you get in your car, and you head home. With just a little bit in your system. Nothing too bad, just a little bit.
And then a cop gets behind you.
And then you start sweating, worrying. Praying that your tail light is working, making sure your seat belt is fastened tight.
And the cop keeps following you, and you start worrying if he is playing games with you, you’re worrying that he somehow knows that you’re in violation.
You turn off the radio, you pay the best attention you can, and then eventually the cop turns down another road, and you let out a big sigh of relief.
Then two weeks later your friend asks you to happy hour.
And you start to sweat again, and think about what could happen.
This is what it’s like. It’s easy in that you don’t really have to do anything except not mess up. It’s hard in that our society practically pushes people to drink and drive. Odds are you’re reading this because you went to a social function, or did something that we’re told is how you relax. You felt fine because we don’t teach people how alcohol affects the body and it’s impossible to “feel” what your BAC level is. We make fun of people who use breathalyzers, and everyone condemns drinking and driving but nearly everyone does it.
You’re going to find yourself in a lot of situations where you will be tempted to violate your probation. I suggest knowing your BAC by using a portable breathalyzer, or taking an Uber or Lyft.
Looking over your shoulder for cops all the time sucks.
Some lawyers will offer you a service to where they can reduce your probation, usually take off the third year. I didn’t go for this, they wanted a thousand dollars for it, and I’d spent enough. Instead, I went through the whole thing. The theory is they cite your fulfilling all your commitments and use your two years (one and a half in some cases) of not violating probation as evidence that you won’t violate it for the next. Works some times, doesn’t work others. I decided to stick it out, a thousand dollars buys a lot of Lyfts, and I can refuse one last round and wait it out.
And so I did.
And now I’m free.
Reader, I can’t tell you how good it feels to be free of the system to come this far. Now I just have to get past the 3-year anniversary of finalizing my suspension to get my insurance rates to fall to normal and then… it’s all behind me.
The journey is long, and it’s hard, but just take it one step at a time, and you can get through it. It costs a lot, and it takes up a lot of time, but you can get through it.
You can Survive a DUI.
Guest Post: Ways to Challenge Breathalyzer Test
06/ 28 / 19
I received an email via my contact page from John Adam, who wanted to wanted to give some perspective on how to challenge the Breathalyzer test. Interesting stuff - Tom
The use of breath to determine the blood alcohol level of a person is the most popular scientific method in DUI cases. There are many cases, when the wrong Breathalyzer tests cause the person, under suspicion of driving while drinking, face DUI charges. Breathalyzer results are inaccurate because of certain problems with calibrations or if there is an untrained police officer using the device.
The prosecuting party has to prove in the court that the defendant's BAC was at or above the legal limit. In a few states, it is .10% while in others it is .08%. When the person is wrongfully charged on the basis of defective Breathalyzer tests, the defendant needs a DUI attorney to challenge the Breathalyzer test in court.
Under the wrongful DUI charges, the defendant must prove that these charges are invalid for the conviction. This is possible when the attorney convinces the court that there is a lack of strength in evidence or it is insufficient to convict the accused. The defense team may focus on the witness statement and evidence without having the burden of proof. When the defense refutes the proof and demonstrates that the prosecution has not strengthened in the case, this may help in dismissing the
charges.
There are many cases when the Breathalyzer is not used properly. The police officer uses the device inaccurately given improper maintenance, training or calibration, which gives the inaccurate results. When the prosecuting party has Breathalyzer results as the only evidence, by only refuting this proof it becomes easy as well as effective to defend the person from the conviction. However, in this case, the defense team needs the help of an expert in these devices or understands well the proper calibration to give accurate results.
In many cases, the police officer who pulls over the driver on suspicion of being under the influence of drug or alcohol, may not be properly trained to conduct a Breathalyzer test or use the device. The device cannot provide the results if the officer does not use it accurately. There are certain rules for this such as observing the driver for twenty minutes to determine whether the results are accurate or not. Moreover, the office is supposed to check the intestinal health of the accused or alcohol in the mouth.
Breathalyzers have settings as well as calibrations that need regular maintenance and understanding. In case the officer in charge is unaware of how to set the device and keeps it maintained, the device can produce the wrong results.
Few devices need to be repaired and parts replaced. In case of lack of knowledge about taking care of the device, there will be inaccurate results leading to wrong DUI charges. Not only one, but all or most of the arrest will be affected.
In addition to the above-mentioned ways, there are other ways to challenge the Breathalyzer tests. For instance, the accused may have a special condition that could lead to the retention of the alcohol in his or her system that brings wrong results. This is another effective to challenge the results and refute the charges completely.
Other factors involved, the environmental temperature and pressure in the atmosphere, and the chemical composition of the person taking the test. This refers to the emotional stress and physical activity, hyperventilating, heavy breathing due to anxiousness.
Given these several factors, the results are inaccurately measured. This is the reason few of the DUI cases involve expert witness who gives the testimony about the inaccuracy of the device with incorrect results. The DUI attorney must present the valid argument based upon these facts and evidence.
The defendant needs the support of the lawyer to challenge the Breathalyzer tests, as the attorney is skilled in dealing with such cases and will guide according to the given circumstances.
The use of breath to determine the blood alcohol level of a person is the most popular scientific method in DUI cases. There are many cases, when the wrong Breathalyzer tests cause the person, under suspicion of driving while drinking, face DUI charges. Breathalyzer results are inaccurate because of certain problems with calibrations or if there is an untrained police officer using the device.
The prosecuting party has to prove in the court that the defendant's BAC was at or above the legal limit. In a few states, it is .10% while in others it is .08%. When the person is wrongfully charged on the basis of defective Breathalyzer tests, the defendant needs a DUI attorney to challenge the Breathalyzer test in court.
The Burden of Proof in Challenging the Results:
Under the wrongful DUI charges, the defendant must prove that these charges are invalid for the conviction. This is possible when the attorney convinces the court that there is a lack of strength in evidence or it is insufficient to convict the accused. The defense team may focus on the witness statement and evidence without having the burden of proof. When the defense refutes the proof and demonstrates that the prosecution has not strengthened in the case, this may help in dismissing the
charges.
Use of Breathalyzer:
There are many cases when the Breathalyzer is not used properly. The police officer uses the device inaccurately given improper maintenance, training or calibration, which gives the inaccurate results. When the prosecuting party has Breathalyzer results as the only evidence, by only refuting this proof it becomes easy as well as effective to defend the person from the conviction. However, in this case, the defense team needs the help of an expert in these devices or understands well the proper calibration to give accurate results.
Training of the Police Officer:
In many cases, the police officer who pulls over the driver on suspicion of being under the influence of drug or alcohol, may not be properly trained to conduct a Breathalyzer test or use the device. The device cannot provide the results if the officer does not use it accurately. There are certain rules for this such as observing the driver for twenty minutes to determine whether the results are accurate or not. Moreover, the office is supposed to check the intestinal health of the accused or alcohol in the mouth.
Calibration:
Breathalyzers have settings as well as calibrations that need regular maintenance and understanding. In case the officer in charge is unaware of how to set the device and keeps it maintained, the device can produce the wrong results.
Few devices need to be repaired and parts replaced. In case of lack of knowledge about taking care of the device, there will be inaccurate results leading to wrong DUI charges. Not only one, but all or most of the arrest will be affected.
Challenging the Results Varies According to the Case:
In addition to the above-mentioned ways, there are other ways to challenge the Breathalyzer tests. For instance, the accused may have a special condition that could lead to the retention of the alcohol in his or her system that brings wrong results. This is another effective to challenge the results and refute the charges completely.
Other factors involved, the environmental temperature and pressure in the atmosphere, and the chemical composition of the person taking the test. This refers to the emotional stress and physical activity, hyperventilating, heavy breathing due to anxiousness.
Given these several factors, the results are inaccurately measured. This is the reason few of the DUI cases involve expert witness who gives the testimony about the inaccuracy of the device with incorrect results. The DUI attorney must present the valid argument based upon these facts and evidence.
Final Word:
The defendant needs the support of the lawyer to challenge the Breathalyzer tests, as the attorney is skilled in dealing with such cases and will guide according to the given circumstances.
Guest Post: 3 Pieces of Evidence You Should NOT Give to The Police When You Are Pulled Over for Suspicion of a DUI
04/ 02 / 19
I received an email via my contact page from Brandon Leuangpaseuth, who wanted to share some tips to get through a DUI checkpoint. - Tom.
Getting pulled over for drinking and driving can be a stressful situation. Most of the time, you will be so nervous or caught up in the situation, you will oftentimes unknowingly give the police officer evidence for building a case against you.
Drinking and driving is against the law and should be avoided at all costs. The best policy to avoid a drunk driving citation is to drive with no alcohol in your system. However, if you find yourself in a situation where you have been pulled over and you are uncertain if you are above the legal drinking limit, do yourself a favor and do not help the officer by giving them evidence.
Here are 3 things you should avoid giving the police officer after you have been pulled over with the suspicion of drunk driving.
Most of the time, when a police officer pulls you over late at night, they will ask you a series of seemingly innocuous preliminary questions such as:
Where are you coming from?... Have you had anything to drink tonight?... How much did you
have to drink tonight?... When did you start drinking?... When did you stop drinking?
First off, it is imperative that you are polite and courteous. Period. Giving a police officer attitude or being disrespectful will do nothing for you. It will most likely make matters worse so be friendly and respectful.
Only after you are asked by the police officer then you should provide your license, proof of insurance and registration. You are only required to present your license, your proof of insurance, and your car’s registration card at any time when a police officer requests you to do so and you are not obligated to answer any of their following questions.
When an officer asks you any of those questions above, you can politely and respectfully decline. Again, always be kind and courteous. A simple statement like this would suffice:
“Due respect, officer, but I do not wish and am not required to answer any questions. Am I free to go?”
If you were to answer any of those questions, the police will be recording all your answers and anything you say can and will be used against you in your police case. The police report will contain all the information you gave to the officer so it is best that you minimize that information by using your right to remain silent.
Most of the time, if the officer has a suspicion that you were drinking and driving, they will ask you to step out of your car.
Comply with the officer's request. The officer will then instruct you to do a series of roadside field sobriety tests.
Most individuals do not know that these roadside tests are completely voluntary.
Let me spell it out for you. An officer is asking you to do tests to find evidence for your alleged crime. The last thing on earth that you want to do is give them any evidence to support your conviction. If you partake in the roadside field sobriety tests, these subjective tests will be used in the police report as evidence against your demise. Just say, “no, officer I won’t”.
Some people will think:
“Oh, I feel completely fine. I will just act in accordance with the police’s orders to get this officer off of my back.”
Again, these tests are subjective and any misstep or mistake will be used as evidence for proving your guilt and conviction. Even if you feel completely fine, chances are this will probably be the first time you will ever be doing these motions and you will most likely mess up. Don’t believe me? Go take a beginners dance class or some golf courses. You will see mimicking movements after watching someone do so is a difficult task if it is your first time doing so.
If the officer continues to insist that you take the tests, tell the officer you would like to take the test, but you would like to ask your DUI lawyer first if it is okay. You can then pretend to talk with a lawyer. Afterward, tell the police officer that your attorney told you to not take the roadside field sobriety test because they are voluntary as well as they are designed for a person to fail.
In summary, refuse the police officers request for the roadside field sobriety test. The officer cannot use your results on the field sobriety tests if you refuse it. The officer will bring you into custody, but you would have probably been arrested anyway.
One of the last pieces of evidence you can give to the officer is the roadside breathalyzer test. It should be noted, that there is an immense difference between refusing a roadside breathalyzer test and refusing a breathalyzer test at the police station.
If you do not consent to a roadside breathalyzer test, the officer will believe that you are intoxicated and are a danger to yourself and the general public. By the implied consent laws, this will allow them to arrest you because you refused to take the tests.
This is okay. Oftentimes, these roadside breathalyzer tests are susceptible to errors and should be avoided at all costs. Why put yourself in a situation where the results to an unreliable test are used to legally convict you?
When you are at the station, if you refuse the tests then, you are subject to getting your license suspended by the DMV for 6 months to a year depending on what state you are in. Although your refusal of a blood-alcohol concentration test may be seen in some states as an admission of committing the crime (that can be used against you in a trial), in all the states, if you refuse to be tested, the penalties will be far more harsher if you are convicted if you submitted the tests in the first place.
A quick tip is that when you are asked to take a blood-alcohol concentration test, ask for a blood test instead of a breathalyzer test in the station. The reasoning behind it is that blood tests take some time to analyze and receive the results. The police officer that has arrested you has to write their report and build their case with the evidence they have. Hopefully, you have provided them with no evidence such as the roadside breathalyzer test, answering their questions, or field sobriety tests.
Also, when building your defense, DUI blood tests are more prone to a variety of errors that can be disputed in court. These mistakes can produce an unreliable blood alcohol concentration result and can be fought in court.
Here are my tips for not giving a police officer 3 crucial pieces of evidence to convict you of an alleged DUI. Once more, the best way to avoid a drunk driving conviction is to drive completely sober! Know your rights and be safe on the road.
Getting pulled over for drinking and driving can be a stressful situation. Most of the time, you will be so nervous or caught up in the situation, you will oftentimes unknowingly give the police officer evidence for building a case against you.
Drinking and driving is against the law and should be avoided at all costs. The best policy to avoid a drunk driving citation is to drive with no alcohol in your system. However, if you find yourself in a situation where you have been pulled over and you are uncertain if you are above the legal drinking limit, do yourself a favor and do not help the officer by giving them evidence.
Here are 3 things you should avoid giving the police officer after you have been pulled over with the suspicion of drunk driving.
1. Answering Questions that Will Be Used To Build a Case Against You
Most of the time, when a police officer pulls you over late at night, they will ask you a series of seemingly innocuous preliminary questions such as:
Where are you coming from?... Have you had anything to drink tonight?... How much did you
have to drink tonight?... When did you start drinking?... When did you stop drinking?
First off, it is imperative that you are polite and courteous. Period. Giving a police officer attitude or being disrespectful will do nothing for you. It will most likely make matters worse so be friendly and respectful.
Only after you are asked by the police officer then you should provide your license, proof of insurance and registration. You are only required to present your license, your proof of insurance, and your car’s registration card at any time when a police officer requests you to do so and you are not obligated to answer any of their following questions.
When an officer asks you any of those questions above, you can politely and respectfully decline. Again, always be kind and courteous. A simple statement like this would suffice:
“Due respect, officer, but I do not wish and am not required to answer any questions. Am I free to go?”
If you were to answer any of those questions, the police will be recording all your answers and anything you say can and will be used against you in your police case. The police report will contain all the information you gave to the officer so it is best that you minimize that information by using your right to remain silent.
2. Refuse the Roadside Field Sobriety Tests
Most of the time, if the officer has a suspicion that you were drinking and driving, they will ask you to step out of your car.
Comply with the officer's request. The officer will then instruct you to do a series of roadside field sobriety tests.
Most individuals do not know that these roadside tests are completely voluntary.
Let me spell it out for you. An officer is asking you to do tests to find evidence for your alleged crime. The last thing on earth that you want to do is give them any evidence to support your conviction. If you partake in the roadside field sobriety tests, these subjective tests will be used in the police report as evidence against your demise. Just say, “no, officer I won’t”.
Some people will think:
“Oh, I feel completely fine. I will just act in accordance with the police’s orders to get this officer off of my back.”
Again, these tests are subjective and any misstep or mistake will be used as evidence for proving your guilt and conviction. Even if you feel completely fine, chances are this will probably be the first time you will ever be doing these motions and you will most likely mess up. Don’t believe me? Go take a beginners dance class or some golf courses. You will see mimicking movements after watching someone do so is a difficult task if it is your first time doing so.
If the officer continues to insist that you take the tests, tell the officer you would like to take the test, but you would like to ask your DUI lawyer first if it is okay. You can then pretend to talk with a lawyer. Afterward, tell the police officer that your attorney told you to not take the roadside field sobriety test because they are voluntary as well as they are designed for a person to fail.
In summary, refuse the police officers request for the roadside field sobriety test. The officer cannot use your results on the field sobriety tests if you refuse it. The officer will bring you into custody, but you would have probably been arrested anyway.
3. Decline the Roadside Breathalyzer Test
One of the last pieces of evidence you can give to the officer is the roadside breathalyzer test. It should be noted, that there is an immense difference between refusing a roadside breathalyzer test and refusing a breathalyzer test at the police station.
If you do not consent to a roadside breathalyzer test, the officer will believe that you are intoxicated and are a danger to yourself and the general public. By the implied consent laws, this will allow them to arrest you because you refused to take the tests.
This is okay. Oftentimes, these roadside breathalyzer tests are susceptible to errors and should be avoided at all costs. Why put yourself in a situation where the results to an unreliable test are used to legally convict you?
When you are at the station, if you refuse the tests then, you are subject to getting your license suspended by the DMV for 6 months to a year depending on what state you are in. Although your refusal of a blood-alcohol concentration test may be seen in some states as an admission of committing the crime (that can be used against you in a trial), in all the states, if you refuse to be tested, the penalties will be far more harsher if you are convicted if you submitted the tests in the first place.
A quick tip is that when you are asked to take a blood-alcohol concentration test, ask for a blood test instead of a breathalyzer test in the station. The reasoning behind it is that blood tests take some time to analyze and receive the results. The police officer that has arrested you has to write their report and build their case with the evidence they have. Hopefully, you have provided them with no evidence such as the roadside breathalyzer test, answering their questions, or field sobriety tests.
Also, when building your defense, DUI blood tests are more prone to a variety of errors that can be disputed in court. These mistakes can produce an unreliable blood alcohol concentration result and can be fought in court.
Know Your Rights and Be Safe On the Road
Here are my tips for not giving a police officer 3 crucial pieces of evidence to convict you of an alleged DUI. Once more, the best way to avoid a drunk driving conviction is to drive completely sober! Know your rights and be safe on the road.
Guest Post: 4 Tips to Survive A DUI Checkpoint
05/ 17 / 18
I received an email via my contact page from Brandon Leuangpaseuth, who wanted to share some tips to get through a DUI checkpoint. - Tom.
There has been a lot of controversy with the legality of checkpoints because you are protected by the 4th amendment from unreasonable searches and seizures. However, the Supreme Court evaluated the entire circumstance of DUI checkpoints. They determined that the state's interest in safe roads and the success rate of finding impaired drivers weighed against the average
delay of less than 30 seconds per driver meant that the search and seizure were not unreasonable. The U.S. Supreme court upheld the legality of DUI checkpoints.
The best way to survive a checkpoint is to be completely sober. However, if you had a few drinks and you encounter a police DUI checkpoint, here are 4 tips to surviving the checkpoint.
The majority of checkpoint encounters would start with the police officer asking you a series of questions to determine if you have been drinking. What a lot of people don’t realize is that you are not obligated to answer any of these questions. You are protected by the 5th amendment and have the right to remain silent and not have to contribute to your own potential demise. If an
officer asks you if you had any drinks tonight, you can just say “I respectfully decline to answer these questions, and I would like to talk to my defense attorney”.
Anything you say, can and will be used against you in a case if you are arrested. If you answered that you had a few drinks, the officer has some suspicion that you are potentially breaking the law. No matter how nice the officer may seem, they are doing their job - trying to get evidence to support a case against you.
Most people think that if they refuse the field sobriety test or the breathalyzer test, they will get their license suspended. This is a common misconception. The only time you will get your license suspended is if after you are arrested and you refuse to take a breathalyzer or blood test. If you decline the field sobriety test or the breathalyzer test before the officer has any probable cause to arrest you, you will be okay.
The officer is collecting evidence to determine if they have probable cause that you have committed a crime. Failed completion of field sobriety tests is used, in the officers eyes, as evidence that a crime has been committed. The field sobriety test is a difficult test to take even if you are completely sober. In a field sobriety test, an officer will administer three tests to determine if you are intoxicated: the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. It is in your best interest to not provide any excess evidence to allegations of you committing a crime.
Officers have no right to force you out of your car unless they have reason to believe that you are drunk. However, slurred words, an open container or the aroma of alcohol can be enough probable cause to make a case for a DUI. Going this route, the officer has to establish exactly what they are being arrested for a DUI.
Oftentimes, the police officer will ask you to step outside and you should always respectfully decline. Do not give the officer probable cause to arrest you.
You do not have to drive through a DUI checkpoint. You can turn around and simply not drive through the DUI checkpoint. There are no laws forcing you to drive through a DUI checkpoint.
As long as you do not commit a crime i.e. an illegal turn or any other traffic violation, the officer does not have enough probable cause to pull you over and detain you. Oftentimes, DUI checkpoints can be a long line and you are not obligated to wait in the line.
If you have been out and drinking, and you do not want to deal with the hassle of a DUI checkpoint, just turn around legally and you will be fine.
There has been a lot of controversy with the legality of checkpoints because you are protected by the 4th amendment from unreasonable searches and seizures. However, the Supreme Court evaluated the entire circumstance of DUI checkpoints. They determined that the state's interest in safe roads and the success rate of finding impaired drivers weighed against the average
delay of less than 30 seconds per driver meant that the search and seizure were not unreasonable. The U.S. Supreme court upheld the legality of DUI checkpoints.
The best way to survive a checkpoint is to be completely sober. However, if you had a few drinks and you encounter a police DUI checkpoint, here are 4 tips to surviving the checkpoint.
1. Use Your Right To Remain Silent
The majority of checkpoint encounters would start with the police officer asking you a series of questions to determine if you have been drinking. What a lot of people don’t realize is that you are not obligated to answer any of these questions. You are protected by the 5th amendment and have the right to remain silent and not have to contribute to your own potential demise. If an
officer asks you if you had any drinks tonight, you can just say “I respectfully decline to answer these questions, and I would like to talk to my defense attorney”.
Anything you say, can and will be used against you in a case if you are arrested. If you answered that you had a few drinks, the officer has some suspicion that you are potentially breaking the law. No matter how nice the officer may seem, they are doing their job - trying to get evidence to support a case against you.
2. Refuse the Field Sobriety Test and the Breathalyzer Test
Most people think that if they refuse the field sobriety test or the breathalyzer test, they will get their license suspended. This is a common misconception. The only time you will get your license suspended is if after you are arrested and you refuse to take a breathalyzer or blood test. If you decline the field sobriety test or the breathalyzer test before the officer has any probable cause to arrest you, you will be okay.
The officer is collecting evidence to determine if they have probable cause that you have committed a crime. Failed completion of field sobriety tests is used, in the officers eyes, as evidence that a crime has been committed. The field sobriety test is a difficult test to take even if you are completely sober. In a field sobriety test, an officer will administer three tests to determine if you are intoxicated: the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. It is in your best interest to not provide any excess evidence to allegations of you committing a crime.
3. Do Not Get Out of Your Car (Unless There Are Signs of Alcohol And You Have To)
Officers have no right to force you out of your car unless they have reason to believe that you are drunk. However, slurred words, an open container or the aroma of alcohol can be enough probable cause to make a case for a DUI. Going this route, the officer has to establish exactly what they are being arrested for a DUI.
Oftentimes, the police officer will ask you to step outside and you should always respectfully decline. Do not give the officer probable cause to arrest you.
4. Don’t drive through!
You do not have to drive through a DUI checkpoint. You can turn around and simply not drive through the DUI checkpoint. There are no laws forcing you to drive through a DUI checkpoint.
As long as you do not commit a crime i.e. an illegal turn or any other traffic violation, the officer does not have enough probable cause to pull you over and detain you. Oftentimes, DUI checkpoints can be a long line and you are not obligated to wait in the line.
If you have been out and drinking, and you do not want to deal with the hassle of a DUI checkpoint, just turn around legally and you will be fine.
Guest Post: How often are DUI cases expunged in California?
10/ 18 / 17
Robert Miller reached out to me to share a bit about the expungement process. It's not a part of gotten to yet (I'm still on my probation) but hope to do someday. Valuable information that I have found very useful in the hope of moving on. Hopefully Robert will help me out when the time comes. - Tom.
If you have been convicted of a DUI, clearing your record is a worthy goal that most people will have. An expungement of a California DUI would help clear your criminal record. So you may wonder how often DUI cases are expunged in California.
As it becomes easier and easier for potentially employers to obtain digital records of convictions, and as the job market makes job applications more competitive, it is easier and easier for employers to screen out the candidates with a criminal record, which leaves those with a DUI with less and less available jobs to even compete for. For those reasons, if you have a DUI on your record, expunging it from your record is something you would want to accomplish as rapidly as possible.
It’s important to realize that when speaking about a “record”, that in California, after a DUI conviction you actually have two different records that your DUI shows up on.
A criminal record will show your arrest, the case number, and the sentence (or what is called the “disposition” on a criminal record).
The driving record will show points from a DUI conviction, whether a wet reckless or a DUI, or any accident or other related traffic tickets. Any alcohol related conviction will show as a notification on your driving record, and will show the date of offense, the date of conviction, and any DMV actions related to the DUI or alcohol related offense, and the also any filings of an SR22 for insurance purposes.
A criminal conviction stays on your criminal record for life, unless it’s expunged, or pardoned by the Governor of California. It never automatically “drops off”, like items on your credit report. It can only be used against you for purposes of alleging a prior DUI for ten years, but it’s still on your record, even after that ten-year period.
Any driving record notation also stays on your record for life. It can only be used to increase insurance for three years. The points from any tickets, accidents, or court convictions can only be used against you by the DMV for a three-year period to suspend your license. But the DMV keeps track of your lifetime points for their “negligent operator” program, which is used to pull the licenses of the most serious driving offenders. There is no way to expunge your driving record, only your criminal record.
An expungement is a motion to the court that, once granted, retroactively dismisses your case from your criminal record. There are some things that by law, an expungement cannot help you with, namely preventing criminal charges for priors for future crimes, getting federal or state licenses, or contracting with the state or federal government.
In order to get an expungement order granted, you need to first bring the motion. Most counties in California have a court form available online for applying for an expungement, and in addition to the form motion, you must also provide the order for the judge to sign (California has a form for these, Forms CR-180 & CR-181). A copy of your motion must also be mailed or delivered in person to the prosecutor.
You also must meet three requirements in order to get an expungement:
What does California law state about an expungement?
California’s expungement law, Penal Code 1203.4(a)(1) states:
“In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code.” (Emphasis added)
I have bolded the sections of the law that state “shall” in the law above, because those are truly unusual in law. In most cases, and in most laws, the law explicitly gives a judge a decision to make, by stating that the judge “may, in his or her discretion”.
The expungement law is different because the use of the term “shall” means that the judge doesn’t have that discretion. As long as the person seeking an expungement meets the three requirements above, the judge has to grant the expungement petition.
As a result, a high rate of DUI cases are expunged. The only way to not get an expungement is either to not qualify by not meeting one of the three requirements above, or to not apply for one at all.
Author: This article was written by Robert Miller, an Orange County DUI Lawyer at the law firm of Miller & Associates in Newport Beach, California.
How often are DUI cases expunged in California?
If you have been convicted of a DUI, clearing your record is a worthy goal that most people will have. An expungement of a California DUI would help clear your criminal record. So you may wonder how often DUI cases are expunged in California.
As it becomes easier and easier for potentially employers to obtain digital records of convictions, and as the job market makes job applications more competitive, it is easier and easier for employers to screen out the candidates with a criminal record, which leaves those with a DUI with less and less available jobs to even compete for. For those reasons, if you have a DUI on your record, expunging it from your record is something you would want to accomplish as rapidly as possible.
What exactly is on my record after a DUI?
It’s important to realize that when speaking about a “record”, that in California, after a DUI conviction you actually have two different records that your DUI shows up on.
The first is your criminal record.
A criminal record will show your arrest, the case number, and the sentence (or what is called the “disposition” on a criminal record).
The second is the driving record.
The driving record will show points from a DUI conviction, whether a wet reckless or a DUI, or any accident or other related traffic tickets. Any alcohol related conviction will show as a notification on your driving record, and will show the date of offense, the date of conviction, and any DMV actions related to the DUI or alcohol related offense, and the also any filings of an SR22 for insurance purposes.
A criminal conviction stays on your criminal record for life, unless it’s expunged, or pardoned by the Governor of California. It never automatically “drops off”, like items on your credit report. It can only be used against you for purposes of alleging a prior DUI for ten years, but it’s still on your record, even after that ten-year period.
Any driving record notation also stays on your record for life. It can only be used to increase insurance for three years. The points from any tickets, accidents, or court convictions can only be used against you by the DMV for a three-year period to suspend your license. But the DMV keeps track of your lifetime points for their “negligent operator” program, which is used to pull the licenses of the most serious driving offenders. There is no way to expunge your driving record, only your criminal record.
What exactly is an expungement in California?
An expungement is a motion to the court that, once granted, retroactively dismisses your case from your criminal record. There are some things that by law, an expungement cannot help you with, namely preventing criminal charges for priors for future crimes, getting federal or state licenses, or contracting with the state or federal government.
How does someone qualify for an expungement of a DUI?
In order to get an expungement order granted, you need to first bring the motion. Most counties in California have a court form available online for applying for an expungement, and in addition to the form motion, you must also provide the order for the judge to sign (California has a form for these, Forms CR-180 & CR-181). A copy of your motion must also be mailed or delivered in person to the prosecutor.
You also must meet three requirements in order to get an expungement:
- You must be off probation. Either probation must have expired, or you must bring a motion to terminate probation early first.
- You must have completed all the terms of your sentence. The court will look at your court file and make sure that all fines are paid, all alcohol schools are completed, and any community service, or special classes or punishment have been finished.
- You must not have any other cases pending, and you must not have any convictions after the conviction you are seeking to expunge. Any convictions would be a probation violation.
What does California law state about an expungement?
California’s expungement law, Penal Code 1203.4(a)(1) states:
“In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code.” (Emphasis added)
So, how often are DUI cases expunged in California?
I have bolded the sections of the law that state “shall” in the law above, because those are truly unusual in law. In most cases, and in most laws, the law explicitly gives a judge a decision to make, by stating that the judge “may, in his or her discretion”.
The expungement law is different because the use of the term “shall” means that the judge doesn’t have that discretion. As long as the person seeking an expungement meets the three requirements above, the judge has to grant the expungement petition.
As a result, a high rate of DUI cases are expunged. The only way to not get an expungement is either to not qualify by not meeting one of the three requirements above, or to not apply for one at all.
Author: This article was written by Robert Miller, an Orange County DUI Lawyer at the law firm of Miller & Associates in Newport Beach, California.
Protip: Check and Double Check
01/ 26 / 17
Today was an interesting day.
Went down to the courthouse to pay my fine. My deadline is coming up and I wanted to get it out of the way. Most of my time was spent arguing how to do it - should I drive there and park or should I take the train and not worry about parking? How long is this going to take? Should I go early or wait till after the lunch rush?
Most of that wasn't the issue (I walked right up to one of the clerks)
However - I came to find that not all of my paperwork had been filed. The clerk informed me that neither my DMV certificate nor my MADD certificate had been filed. I was shocked! I had taken care of these things more than 9 months ago!
I called my lawyer's office - my lawyer was no longer part of the firm. I explained to them what was going on and within ten minutes they had everything sorted out and a person to go down to the courthouse tomorrow or Monday to file everything.
A few lessons learned:
This is a tough process, I know. And it's no fun, and it's a lot of hassle. But being early, and thorough will save you a lot of headache. If I had gone in at the last moment, I could've had a longer probation, more fines, or worse.
Get it done early, and double check.
Went down to the courthouse to pay my fine. My deadline is coming up and I wanted to get it out of the way. Most of my time was spent arguing how to do it - should I drive there and park or should I take the train and not worry about parking? How long is this going to take? Should I go early or wait till after the lunch rush?
Most of that wasn't the issue (I walked right up to one of the clerks)
However - I came to find that not all of my paperwork had been filed. The clerk informed me that neither my DMV certificate nor my MADD certificate had been filed. I was shocked! I had taken care of these things more than 9 months ago!
I called my lawyer's office - my lawyer was no longer part of the firm. I explained to them what was going on and within ten minutes they had everything sorted out and a person to go down to the courthouse tomorrow or Monday to file everything.
A few lessons learned:
- Don't wait - The longer you wait, the more chances that something will change, something will go wrong, some mistake will be made. The sooner you take care of stuff, the sooner you're not worrying about it, and the more time you have to correct things if they go wrong.
- Check and Double Check - Last Spring I biked over to my lawyer's office (I was on full suspension) and turned in my documents. I assumed that he would turn them in to the court in the next few days or so. No real worry. But he hadn't. Either he was waiting for me to drop off the check to pay my fine, or left the firm shortly thereafter (No idea when he left). But my documents had not been filed. It was a mistake to assume that they were.
This is a tough process, I know. And it's no fun, and it's a lot of hassle. But being early, and thorough will save you a lot of headache. If I had gone in at the last moment, I could've had a longer probation, more fines, or worse.
Get it done early, and double check.
Guest Post: Can the Police Use Social Media in Your DUI Case?
01/ 12 / 17
I reached out to Attorney Robert Miller, a fellow DUI blogger to get some insights on DUI from a lawyer's perspective. He alerted me to a growing trend that is downright scary - Tom.
Social media networks, including Facebook, Twitter, Instagram, and Google+, are rapidly being incorporated by law enforcement agencies for use in gathering evidence of drinking, intoxication, and to otherwise investigate crimes by spying on suspects and individuals on probation or parole.
These techniques are slowly catching on across the country, and are increasingly a hot topic for law enforcement agencies. In a 2012 survey of 1,221 federal, state and local law enforcement who use social media, four out of five officials used social media to gather intelligence during investigations. Half said they checked social media at least once a week, and the majority said social media helps them solve crimes faster.
People use social media networks to share various amounts of personal information. Some criminal suspects and convicted felons have been known to share photos and videos of criminal activity on Facebook.
The week this article was written, four suspects in Chicago filmed themselves torturing a disabled man on Facebook Live. In an Orange County example, the Huntington Beach Police used social media to arrest a juvenile for threats made recently.
In another state, a 22-year-old named Colleen Chudney was on probation for a 2012 drunk driving offense. Part of the terms of her court imposed probation required her to refrain from consuming alcohol, which is a common term of DUI probation. After St. Patrick's Day, Chudney was required to take a breathalyzer test in Westland, Michigan. She passed the test. However, she later went on Facebook and posted information to her profile stating that she had been drinking.
"Buzz killer for me, I had to breathalyze this morning and I drank yesterday but I passed thank god lol my dumbass."
Information about the Facebook post got back to Chudney’s probation officer. Thus, she had to return to court to discuss her Facebook statements with the judge. She is facing jail time for the DUI probation violation. If she had never posted that information to facebook, she would never be facing a probation violation in her DUI.
What techniques are the police using to investigate criminal conduct on social media networks? A popular tool is social network analysis, known as SNA. It is an analytical tool that was initially used by the FBI to map and analyze social media relations. Law enforcement agencies can use the tool to analyze the social media networks of suspects, and their interactions with each other.
This type of analysis provides a systematic approach for investigating large amounts of data on people and relationships. It improves law enforcement effectiveness and efficiency by using complex information regarding individuals socially related to suspects. This often leads to improved clearance rates for many crimes and development of better crime prevention strategies.
SNA serves as a valuable tool for law enforcement. While technologically sophisticated, SNA is easy to employ. Using available data, police departments structure the examination of an offender's social network in ways not previously possible, and search for violations.
If you are being prosecuted for or are on probation for drunk driving in Orange County, California, we urge you to refrain from making any statements on social media networks. Any statements may be used against you later by the prosecution or probation officer. Contact Orange County DUI attorney Robert Miller for legal advice regarding any drunk driving charge(s) you may be facing.
Social media networks, including Facebook, Twitter, Instagram, and Google+, are rapidly being incorporated by law enforcement agencies for use in gathering evidence of drinking, intoxication, and to otherwise investigate crimes by spying on suspects and individuals on probation or parole.
These techniques are slowly catching on across the country, and are increasingly a hot topic for law enforcement agencies. In a 2012 survey of 1,221 federal, state and local law enforcement who use social media, four out of five officials used social media to gather intelligence during investigations. Half said they checked social media at least once a week, and the majority said social media helps them solve crimes faster.
People use social media networks to share various amounts of personal information. Some criminal suspects and convicted felons have been known to share photos and videos of criminal activity on Facebook.
The week this article was written, four suspects in Chicago filmed themselves torturing a disabled man on Facebook Live. In an Orange County example, the Huntington Beach Police used social media to arrest a juvenile for threats made recently.
In another state, a 22-year-old named Colleen Chudney was on probation for a 2012 drunk driving offense. Part of the terms of her court imposed probation required her to refrain from consuming alcohol, which is a common term of DUI probation. After St. Patrick's Day, Chudney was required to take a breathalyzer test in Westland, Michigan. She passed the test. However, she later went on Facebook and posted information to her profile stating that she had been drinking.
"Buzz killer for me, I had to breathalyze this morning and I drank yesterday but I passed thank god lol my dumbass."
Information about the Facebook post got back to Chudney’s probation officer. Thus, she had to return to court to discuss her Facebook statements with the judge. She is facing jail time for the DUI probation violation. If she had never posted that information to facebook, she would never be facing a probation violation in her DUI.
What techniques are the police using to investigate criminal conduct on social media networks? A popular tool is social network analysis, known as SNA. It is an analytical tool that was initially used by the FBI to map and analyze social media relations. Law enforcement agencies can use the tool to analyze the social media networks of suspects, and their interactions with each other.
This type of analysis provides a systematic approach for investigating large amounts of data on people and relationships. It improves law enforcement effectiveness and efficiency by using complex information regarding individuals socially related to suspects. This often leads to improved clearance rates for many crimes and development of better crime prevention strategies.
SNA serves as a valuable tool for law enforcement. While technologically sophisticated, SNA is easy to employ. Using available data, police departments structure the examination of an offender's social network in ways not previously possible, and search for violations.
If you are being prosecuted for or are on probation for drunk driving in Orange County, California, we urge you to refrain from making any statements on social media networks. Any statements may be used against you later by the prosecution or probation officer. Contact Orange County DUI attorney Robert Miller for legal advice regarding any drunk driving charge(s) you may be facing.
Paying the Price: The Fine (and alternatives to paying the fine)
01/ 09 / 17
The minimum fine for a DUI in Los Angeles County is $390. Most likely if you plead out, and/or had no priors, this should be about what you were given in your sentencing.
So, naturally, when you get your documentation you receive a “Compliance of Fine Payment/Cashier Slip” detailing your fine and the various “court costs” associated with your case.
With court costs your $390 fine comes out to be around $2000.
Huh? How’d that happen?
When you think “court costs” you think that you’re being charged for the administrative system, much like the costs associated with getting your driver’s license or getting a permit to do construction. This is not the case.
Instead, the court costs are little fees that they tack on to every conviction to use it as a source of income. Some of this does go to cover Judge’s salaries and the infrastructure of the building, but most of it is used to make up budget shortfalls caused by the public electing to lower taxes (or voting in officials who lower taxes). Lower taxes, higher fines.
The biggest part of the fine is the “Penalty Assessment”. This is assessed on all criminal fines, not just DUI fines. Get a speeding ticket - it’ll be on there.
Originally in the 1950s the rate of the Penalty Assessment was $1 for ever $20 of your fine. Mine was a little over $30 for every $10 of my penalty.
Additionally, there’s a “Penalty Assessment DNA” which funds DNA identification programs supposedly. Mine was around 1/3rd of my original penalty.
Believe me, how these rates are determined and what the money goes to is incredibly hard to research. For any rate I find online I do the math on my penalties and they don’t quite add up. Some are more, some are less. There’s not much you can do about this, but it would be nice to have some transparency during this part of the process. Alas, that’s not what they want.
The math of the form is difficult to add up - some numbers are listed, giving you a balance for them, but are supposedly included in the base fine - but that doesn’t mean they’re additional listings. If the fine that you agreed to from the court was $390, they’ll list the base fine as $320. Then you have items RESTDUI ($20 - no idea why it’s separate or what it’s for) and LABSVCS ($50 - believe this to be them charging you to use the station breathalyzer) claiming to be part of the base fine, but listed separately. It’s all designed to confuse you.
Trying to research this piece, I hit a lot of dead ends, and can’t find answers. I was charged $75 for PBHEALTH which states that it has a maximum of $100. What determines why mine was $75?
I asked my lawyer about it. He told me not to worry too much about it. He’d looked it over and it was in line with what the others looked like.
I guess you can worry too much about this sort of thing. Fighting any part of it would be an extreme uphill battle.
On your sentencing form you’ll see a part that says that you will pay a fine or “in default thereof serve ___ additional days in County jail, consecutive, or perform ___ days of community labor”. Some people’s brain starts turning when they see this - with jails and prisons overcrowding you can often serve at 3:1 ratios (meaning you get credit for 3 days when you serve only 1), and sometimes even get 4:1.
Might it be worth it to give up a weekend or two to save a couple of grand? It seems kind of tempting.
Unfortunately, like most of the bright ideas you come up with to get out of things, it doesn’t work like that.
Serving jail time or doing community labor (which has it’s own difficulties, overcrowding means that you can’t serve that day instead of getting more credit for less) only counts against the base penalty of your fine. The court costs will still be there. In that case, a day in jail only counts for about $35.
Not worth it. (in my opinion)
Additionally, some people try to get house arrest to either pay the fine, or count as their probation (more on that later), which isn’t ideal either - then you have to serve out the full time, no ratios. So 15 days means 15 days (plus the fees for the monitoring bracelet add on, so it’s just a losing proposition).
For once, something in this whole process is simple. If you head down to the clerk’s office, you can pay with cash or a money order, which I expected, but, they’ll even take a personal check and some will even take a credit card.
If you have a check or money order, you can either give it to your lawyer or mail it to the county clerk’s office. If you want to pay cash or with a credit card, you have to go down there. Some places allow you to do this online, but, sadly, Los Angeles is not yet one of them. As with any civil service, expect to wait in line for a while to do a three minute procedure. Be sure to have your documents with you, as they need a lot of information to process your payment.
Payment can be done in a lump sum, or installments if you don’t have the resources. As long as the court is getting something, they’re willing to work with you.
It stings. It certainly does. But, once you’ve paid, you’re closer to getting this behind you.
So, naturally, when you get your documentation you receive a “Compliance of Fine Payment/Cashier Slip” detailing your fine and the various “court costs” associated with your case.
With court costs your $390 fine comes out to be around $2000.
Huh? How’d that happen?
When you think “court costs” you think that you’re being charged for the administrative system, much like the costs associated with getting your driver’s license or getting a permit to do construction. This is not the case.
Instead, the court costs are little fees that they tack on to every conviction to use it as a source of income. Some of this does go to cover Judge’s salaries and the infrastructure of the building, but most of it is used to make up budget shortfalls caused by the public electing to lower taxes (or voting in officials who lower taxes). Lower taxes, higher fines.
The biggest part of the fine is the “Penalty Assessment”. This is assessed on all criminal fines, not just DUI fines. Get a speeding ticket - it’ll be on there.
Originally in the 1950s the rate of the Penalty Assessment was $1 for ever $20 of your fine. Mine was a little over $30 for every $10 of my penalty.
Additionally, there’s a “Penalty Assessment DNA” which funds DNA identification programs supposedly. Mine was around 1/3rd of my original penalty.
Believe me, how these rates are determined and what the money goes to is incredibly hard to research. For any rate I find online I do the math on my penalties and they don’t quite add up. Some are more, some are less. There’s not much you can do about this, but it would be nice to have some transparency during this part of the process. Alas, that’s not what they want.
The math of the form is difficult to add up - some numbers are listed, giving you a balance for them, but are supposedly included in the base fine - but that doesn’t mean they’re additional listings. If the fine that you agreed to from the court was $390, they’ll list the base fine as $320. Then you have items RESTDUI ($20 - no idea why it’s separate or what it’s for) and LABSVCS ($50 - believe this to be them charging you to use the station breathalyzer) claiming to be part of the base fine, but listed separately. It’s all designed to confuse you.
Trying to research this piece, I hit a lot of dead ends, and can’t find answers. I was charged $75 for PBHEALTH which states that it has a maximum of $100. What determines why mine was $75?
I asked my lawyer about it. He told me not to worry too much about it. He’d looked it over and it was in line with what the others looked like.
I guess you can worry too much about this sort of thing. Fighting any part of it would be an extreme uphill battle.
Alternate Options (and why they’re no good)
On your sentencing form you’ll see a part that says that you will pay a fine or “in default thereof serve ___ additional days in County jail, consecutive, or perform ___ days of community labor”. Some people’s brain starts turning when they see this - with jails and prisons overcrowding you can often serve at 3:1 ratios (meaning you get credit for 3 days when you serve only 1), and sometimes even get 4:1.
Might it be worth it to give up a weekend or two to save a couple of grand? It seems kind of tempting.
Unfortunately, like most of the bright ideas you come up with to get out of things, it doesn’t work like that.
Serving jail time or doing community labor (which has it’s own difficulties, overcrowding means that you can’t serve that day instead of getting more credit for less) only counts against the base penalty of your fine. The court costs will still be there. In that case, a day in jail only counts for about $35.
Not worth it. (in my opinion)
Additionally, some people try to get house arrest to either pay the fine, or count as their probation (more on that later), which isn’t ideal either - then you have to serve out the full time, no ratios. So 15 days means 15 days (plus the fees for the monitoring bracelet add on, so it’s just a losing proposition).
How to Pay
For once, something in this whole process is simple. If you head down to the clerk’s office, you can pay with cash or a money order, which I expected, but, they’ll even take a personal check and some will even take a credit card.
If you have a check or money order, you can either give it to your lawyer or mail it to the county clerk’s office. If you want to pay cash or with a credit card, you have to go down there. Some places allow you to do this online, but, sadly, Los Angeles is not yet one of them. As with any civil service, expect to wait in line for a while to do a three minute procedure. Be sure to have your documents with you, as they need a lot of information to process your payment.
Payment can be done in a lump sum, or installments if you don’t have the resources. As long as the court is getting something, they’re willing to work with you.
It stings. It certainly does. But, once you’ve paid, you’re closer to getting this behind you.
​Is the Ignition Interlock effective?
11/ 19 / 16
When you’re driving down the road at 45 miles per hour and you hear the beep go off for your rolling retest you automatically grab the device and blow and hum just to make the thing shut up (it is very loud).
As you do this for months on end, you have to wonder - is this safe? And more importantly: is this really working?
Technically, you’re supposed to pull over to the side of the road to use the IID, but I can’t imagine anybody takes that much time to do it.
But is it effective?
In my own experiences, it did stop me from driving with alcohol in my system - if I knew I was going to end up having a few drinks, I’d grab a lyft and leave my car behind, because I didn’t want to have my car stuck somewhere where I couldn’t operate it.
But does it teach you anything?
The argument is that the Ignition Interlock teaches you to not drink and drive but not allowing it. I mostly learned to resent the damn thing going off and having to take a huge breath to blow into it (I think I did increase my lung capacity, though).
If you think that it doesn’t work, well, the California DMV, who forces the thing on you, released a study that agrees with you…
It's frustrating, for sure, but what can you do?
Just get through it, and move on.
As you do this for months on end, you have to wonder - is this safe? And more importantly: is this really working?
Technically, you’re supposed to pull over to the side of the road to use the IID, but I can’t imagine anybody takes that much time to do it.
But is it effective?
In my own experiences, it did stop me from driving with alcohol in my system - if I knew I was going to end up having a few drinks, I’d grab a lyft and leave my car behind, because I didn’t want to have my car stuck somewhere where I couldn’t operate it.
But does it teach you anything?
The argument is that the Ignition Interlock teaches you to not drink and drive but not allowing it. I mostly learned to resent the damn thing going off and having to take a huge breath to blow into it (I think I did increase my lung capacity, though).
If you think that it doesn’t work, well, the California DMV, who forces the thing on you, released a study that agrees with you…
The results of this outcome study clearly show that IIDs are not effective in reducing DUI convictions or incidents for first DUI offenders, even those with high BACs at arrest. While their high blood alcohol levels suggest that they are an alcohol-dependent population, ignition interlock does not appear to be the answer to reducing their drinking and driving risk. This conclusion finds support in a study that interviewed drivers, and found that first offenders were more hostile to interlocks and regarded them as less useful, compared to repeat offenders (Baker, 1988). Because there is no evidence that interlocks are an effective traffic safety measure for first DUI offenders, the use of the devices EFFECTIVENESS OF IGNITION INTERLOCK IN CA 19 should not be emphasized, even for those first offenders with high BACs at the time of arrest, as is currently done in California Vehicle Code (CVC) Section 23575 (a)(1).
It's frustrating, for sure, but what can you do?
Just get through it, and move on.
The Various DMV Classes
07/ 01 / 16
I can only speak on the class I took - the AB-541 class, so you’ll have to bear with me on the others, as I don’t want to get more DUIs and learn about them firsthand! (these were accurate at time of writing - not sure how they may have changed)
This is the class you take if you’re lucky and only received a wet reckless charge. You’ll take 6 Alcohol Education Sessions (Instruction), with the 3-month and 9-month people, then when they move to group sessions, you’ll say goodbye. You’ll meet with the instructor at the beginning and the end, talk about how the six weeks has changed you, blah, blah, blah.
Six weeks is nothing, it costs remarkably less. Watch six videos, and in the discussion afterwards, mention how you only have a 12-hour, and watch all your classmates’ faces drop, and be asked how you got away with it for the remainder of class.
This is the basic class. You’ll get this for your vanilla DUI charge if you have no enhanced penalties, no record, etc. To get this, you’ll have to submit to the field sobriety test, if you refuse, you’re not going to get this.
It breaks down as such:
6 2-Hour Alcohol Education Sessions (Instruction)
9 2-Hour Group Sessions
3 short Individual meetings with your instructor
6 AA Meetings
As I went through these, I have them detailed:
Section 1: Alcohol Education Sessions
Section 2: Group Meetings
This is for people who have a BAC above .15, but below .20. It’s a very narrow category, and seems to be used very sparingly, with most instances bumping you up to the 9 Month class. I can’t find many details, but I’m guess it’s the same as the 3 month, but has more group sessions.
This is the class you get if you received enhanced penalties for an accident, large BAC, or refusal to take the field sobriety test. I did not go through this program, but the components are the same as the 3 Month, so I have my thoughts in those.
6 2-Hour Alcohol Education Sessions (Instruction)
23 2-Hour Group Sessions
6 short Individual meetings with your instructor
19 AA Meetings
At some places you’re given gaps with this, so every 9 weeks or so, you’ll have a week off. A small break to catch.
This is the program for multiple offenders. Do whatever you can to not find yourself in this situation. It’s administered for the second, third, and fourth convictions.
6 2-Hour Alcohol Education Sessions (Instruction)
52 2-Hour Group Sessions
Bi-weekly Individual meetings with your instructor
You’ll have a court ordered amount of AA meetings.
This is a very special program that you have to get your lawyer to negotiate for you. It can only come with your third or fourth convictions (again, don’t get here). The negotiation is usually that instead of doing 120 days in jail, you’ll do 30 days in jail, and 30 months of the program. Take the SB-38 and add some more group sessions and you’ve got the idea.
For your fourth conviction the judge can order this at his discretion, especially if you’ve had the 30 month program before.
The 12 Hour SB-1176 Class
This is the class you take if you’re lucky and only received a wet reckless charge. You’ll take 6 Alcohol Education Sessions (Instruction), with the 3-month and 9-month people, then when they move to group sessions, you’ll say goodbye. You’ll meet with the instructor at the beginning and the end, talk about how the six weeks has changed you, blah, blah, blah.
Six weeks is nothing, it costs remarkably less. Watch six videos, and in the discussion afterwards, mention how you only have a 12-hour, and watch all your classmates’ faces drop, and be asked how you got away with it for the remainder of class.
The 3 Month AB-541
This is the basic class. You’ll get this for your vanilla DUI charge if you have no enhanced penalties, no record, etc. To get this, you’ll have to submit to the field sobriety test, if you refuse, you’re not going to get this.
It breaks down as such:
6 2-Hour Alcohol Education Sessions (Instruction)
9 2-Hour Group Sessions
3 short Individual meetings with your instructor
6 AA Meetings
As I went through these, I have them detailed:
Section 1: Alcohol Education Sessions
Section 2: Group Meetings
The 6 month AB-768
This is for people who have a BAC above .15, but below .20. It’s a very narrow category, and seems to be used very sparingly, with most instances bumping you up to the 9 Month class. I can’t find many details, but I’m guess it’s the same as the 3 month, but has more group sessions.
The 9 Month AB-1353
This is the class you get if you received enhanced penalties for an accident, large BAC, or refusal to take the field sobriety test. I did not go through this program, but the components are the same as the 3 Month, so I have my thoughts in those.
6 2-Hour Alcohol Education Sessions (Instruction)
23 2-Hour Group Sessions
6 short Individual meetings with your instructor
19 AA Meetings
At some places you’re given gaps with this, so every 9 weeks or so, you’ll have a week off. A small break to catch.
The 18 Month SB-38
This is the program for multiple offenders. Do whatever you can to not find yourself in this situation. It’s administered for the second, third, and fourth convictions.
6 2-Hour Alcohol Education Sessions (Instruction)
52 2-Hour Group Sessions
Bi-weekly Individual meetings with your instructor
You’ll have a court ordered amount of AA meetings.
30 Month Program
This is a very special program that you have to get your lawyer to negotiate for you. It can only come with your third or fourth convictions (again, don’t get here). The negotiation is usually that instead of doing 120 days in jail, you’ll do 30 days in jail, and 30 months of the program. Take the SB-38 and add some more group sessions and you’ve got the idea.
For your fourth conviction the judge can order this at his discretion, especially if you’ve had the 30 month program before.
The Hard Suspension: 30 Days - No Driving.
06/ 04 / 16
While going through this process, you’re going to get a lot of mail - the worst is the big imposing letter from the DMV that reads “ORDER OF SUSPENSION” across the top. The DMV writes in all caps, so it just looks intimidating.
When you lose your DMV hearing your license is suspended automatically for four months. After 30 days you can apply for a restricted license that will allow you to drive either to limited places (Work, School, DUI program), with an Ignition Interlock Device (IID), or both. I got the interlock restriction, but recently spoke to a woman in my DUI class that got the travel restriction and no interlock. If you have to get a DUI get one in Orange County, not LA County, I guess.
So, if you go for the restricted program you get additional time (just one month) on your suspension (unless your conviction gives you a 6 month suspension, in which case it doesn’t), but you have the ability to drive your car in many conditions, which most people we see as worth it, so you really only have to give up driving for 30 days.
(Update: As of 1/1/2019 the program was extended to all of CA, not just the pilot cities)
(Update: As of 1/1/2020 the length of the soft suspension is 12 months)
When I served my 30 days of driving, it was the longest period I had ever gone without driving a car since getting my license. I live in LA, getting around without a car is unthinkable!
Fortunately, it wasn’t as bad as I thought.
I got lucky and was working out of an office about two and a half miles away from me, so my commute to work involved me getting up a bit earlier (truly the hardest part) and biking at a quick rate, but one that wouldn’t get me very sweaty. This took some trial and error. I recognize that most aren’t so lucky, and that biking what was a 45 minute ride three cities away just isn’t practical. The most difficult part of this suspension for some people isn’t the mobility, but the thought of having to give their boss an excuse as to why they can’t drive into work. Car problems, family issues, and other excuses can work out. You will just have to gauge the situation for yourself. If you have an office that allows you to telecommute, by all means do that. If not, have a family member or trusted friend drive you. Or Lyft.
Do I really gotta do this?
Yes. Yes you do. Yes. Yes. Yes.
Granted, there was a certain amount of people in my DUI program that were driving on a suspended license, I very much cannot recommend it. Driving on a suspended license is a serious charge, and the stiffest penalties are for when you drive on a suspended license because of a DUI. Penalties: Possible 1 year complete “hard” suspension, 3 years probation, $2000 fine, 10 days in County Jail, and 3 years of the IID. That’s so much worse than the suspension ahead of you. Don’t do it. Don’t do it.
Sure, maybe you won’t get caught. Maybe you didn’t fix that taillight that got you pulled over the first time (crazy how many people get pulled over something and don’t immediately high-tail it over to the nearest AutoZone or mechanic to get it fixed). Maybe you’re still speeding, or driving recklessly. If you get caught drinking and driving while driving on a suspended license because of a DUI you are about to get really fucked over. That’s just dumb. If you’re going to drive on the suspended license, at least drive sober.
30 days is nothing. Besides, you don’t need that creeping fear when you’re driving on a suspended license and a cop pulls up behind you. It’s worth it to not drive just to avoid that feeling.
I found the suspension gave me a great excuse to get the bike tuned up and try to get back into bicycle shape… which the first ride proved, had been far too long. Biking is fun to get around, especially once you figure out which side streets you can ride on easily and figure out where the big hills are. You get some exercise, which you never get in a car. You can still listen to your music on your phone, or podcasts, or whatever, just be sure to check into your local laws about headphones as some places are starting to crack down on that sort of thing. Just one bit of important information: You can absolutely get a DUI while riding a bicycle.
Not going to lie, I take my bike to the bar and ride it back after a few. It’s generally not an issue, I use side streets and obey all traffic laws. All traffic laws for cars apply to bicycles as well. Red lights, bike lights, etc. It’s incredibly rare for somebody to get a DUI while on a bicycle, and the general consensus is that you have to be a real dickhead to a cop or other person to get one, but - you are on probation, and that’s looked down on. So be careful and know you’re taking a risk if you continue to drink while taking the bike around. Be respectful to cars, be respectful to traffic laws, and you should be fine.
Additionally, I familiarized myself with Los Angeles’ subway system, which most people who live here don’t even realize we have one. It’s underused, efficient, and a pretty pleasant experience. Bring your headphones, bring a book, and you’re good. It’s kind of amazing to be able to change time you would spend driving into catching up on a book, or getting some work done. Makes you think about the time lost to actual driving. The difficult part about the subway is that it’s very limited in where it goes - some areas are just completely not served, and that it’s strict on it’s timetable - so many times I’ve been rushing down the stairs to hear the train leave the station and been stuck for some time. Still, it gets you to a lot of places you want to go, so I can’t knock it.
Then there’s the bus. The bus… is the bus. It has weirdos, and loose timetables, and you’re never sure if it’s coming late or left early… It’s a hassle. But it gets you around, and once you get the hang of it, it’s not so bad. The big advantage is that it gets almost everywhere, and can be used with the subway to cut travel times down drastically. The bus is an underrated player in the transportation game.
Finally, there’s Uber and Lyft. The most priciest options, but also the nicest. You make the request and before too long somebody comes by in their car, picks you up and takes you to your destination. Sometimes the driver can be a little bit talky, but otherwise it’s a pretty good service. Cheaper than a cab (who won’t come get you when you want it to and is an incredibly unpleasant experience), and super convenient. It’s best to get familiar with these two for when you do have your license back and still want to drink. Additionally you can get a free ride for each of these with a code for one free ride on each of these services (you can use one to your destination and the other back for a free round trip and a comparison between the two.)
Additionally, each of these services have a carpool option, that picks up somebody along the way and going in roughly the same direction. Depending on how much you like random situations, this can be good or bad. I know people who have made very close friends from this, and even one couple that met through this. I do it because it’s cheaper.
Uber and Lyft are super popular, leaving some people to ditch their cars completely and solely rely on them to get around. Even a small car payment means a lot of rides on the service, but I’m not sure I’m ready for that yet. Uber wants to take their technology to get a full fleet of driverless cars, and people would just get rides that way and replace personal car ownership. That’s a really interesting vision of the future, one I kind of hope comes - because if I never have to drive again, I can never pick up another DUI.
Like I said, overall the experience wasn’t as bad as I thought it would be. I was lucky enough to be able to bike in to work, a lot of the places I wanted to go were off the subway or bus lines and there were stops pretty near my place. Just because I was starting to get strapped for cash, I avoided using Uber and Lyft, but ended up using them a fair amount. They came in super handy when I’d be across town late at night and the bus wouldn’t be around for another 2 hours.
It’s much more doable than I thought it’d be. The biggest problem is getting groceries, grabbing lunch for yourself on the weekends, all the quick runs. If it’s a big thing, like joining your crew for a big hangout then you can figure out when you need to leave to take the train, or grab an uber or whatever, but when the nearest laundromat is 3/4 of a mile away, things begin to get tricky.
That said, uber drivers are very understanding.
It’s also a nice excuse to say no. Friends would want me to come out to something they were doing, usually I’d go even though I didn’t want to - now, because of this, I could say no, give them some excuse (I wasn’t telling everybody about this) and enjoy my time to myself. Watch a movie on Netflix, catch up on all those little side projects I’d been meaning to do. It gave me a nice excuse to work on myself, and projects I wanted to do, instead of being pulled every different direction like usual.
One worry people have is that if you can’t drive, that people will find out. I went out less than I normally would, but still went out, biking, catching an uber, etc. and nobody was ever the wiser.
There’s just one tiny little hitch to the process - You’re eligible to apply for your restricted license after 30 days. That doesn’t mean you’ll just automatically get it after 30 days. If you’re getting the interlock device, as I have, you have to get it installed before you can get the license, and you have to get it installed on the installer’s schedule. But you can’t make an appointment with the installer until you’re eligible, which means you can’t get the appointment until you’ve served the 30 days. It’s bureaucracy at it’s worst. I only had an extra 4 days without the car, but they served to be the four days I could’ve used my car the most.
However, it did give me a chance to think about driving my car again - I ended up illegally driving it over to a nearby service station and getting a few things taken care of - namely an oil change that was due, and brake pads that would’ve been needed sometime during my months with the interlock. I figured it was better to get them taken care of now, rather than when the device was on. Despite the illegal drive, I feel this was the right thing to do. It was the only time I drove illegally.
30 Days seems like a lot, but it will go by much quicker than you think it will. I started counting every day. Day 1. Day 2. Day 3. I lost track before I even hit 10.
This, like most of your punishments, will quickly become just a memory. Oh yeah, I did that.
When you lose your DMV hearing your license is suspended automatically for four months. After 30 days you can apply for a restricted license that will allow you to drive either to limited places (Work, School, DUI program), with an Ignition Interlock Device (IID), or both. I got the interlock restriction, but recently spoke to a woman in my DUI class that got the travel restriction and no interlock. If you have to get a DUI get one in Orange County, not LA County, I guess.
So, if you go for the restricted program you get additional time (just one month) on your suspension (unless your conviction gives you a 6 month suspension, in which case it doesn’t), but you have the ability to drive your car in many conditions, which most people we see as worth it, so you really only have to give up driving for 30 days.
(Update: As of 1/1/2019 the program was extended to all of CA, not just the pilot cities)
(Update: As of 1/1/2020 the length of the soft suspension is 12 months)
When I served my 30 days of driving, it was the longest period I had ever gone without driving a car since getting my license. I live in LA, getting around without a car is unthinkable!
Fortunately, it wasn’t as bad as I thought.
I got lucky and was working out of an office about two and a half miles away from me, so my commute to work involved me getting up a bit earlier (truly the hardest part) and biking at a quick rate, but one that wouldn’t get me very sweaty. This took some trial and error. I recognize that most aren’t so lucky, and that biking what was a 45 minute ride three cities away just isn’t practical. The most difficult part of this suspension for some people isn’t the mobility, but the thought of having to give their boss an excuse as to why they can’t drive into work. Car problems, family issues, and other excuses can work out. You will just have to gauge the situation for yourself. If you have an office that allows you to telecommute, by all means do that. If not, have a family member or trusted friend drive you. Or Lyft.
Do I really gotta do this?
Yes. Yes you do. Yes. Yes. Yes.
Granted, there was a certain amount of people in my DUI program that were driving on a suspended license, I very much cannot recommend it. Driving on a suspended license is a serious charge, and the stiffest penalties are for when you drive on a suspended license because of a DUI. Penalties: Possible 1 year complete “hard” suspension, 3 years probation, $2000 fine, 10 days in County Jail, and 3 years of the IID. That’s so much worse than the suspension ahead of you. Don’t do it. Don’t do it.
Sure, maybe you won’t get caught. Maybe you didn’t fix that taillight that got you pulled over the first time (crazy how many people get pulled over something and don’t immediately high-tail it over to the nearest AutoZone or mechanic to get it fixed). Maybe you’re still speeding, or driving recklessly. If you get caught drinking and driving while driving on a suspended license because of a DUI you are about to get really fucked over. That’s just dumb. If you’re going to drive on the suspended license, at least drive sober.
30 days is nothing. Besides, you don’t need that creeping fear when you’re driving on a suspended license and a cop pulls up behind you. It’s worth it to not drive just to avoid that feeling.
How To Get Around
I found the suspension gave me a great excuse to get the bike tuned up and try to get back into bicycle shape… which the first ride proved, had been far too long. Biking is fun to get around, especially once you figure out which side streets you can ride on easily and figure out where the big hills are. You get some exercise, which you never get in a car. You can still listen to your music on your phone, or podcasts, or whatever, just be sure to check into your local laws about headphones as some places are starting to crack down on that sort of thing. Just one bit of important information: You can absolutely get a DUI while riding a bicycle.
Not going to lie, I take my bike to the bar and ride it back after a few. It’s generally not an issue, I use side streets and obey all traffic laws. All traffic laws for cars apply to bicycles as well. Red lights, bike lights, etc. It’s incredibly rare for somebody to get a DUI while on a bicycle, and the general consensus is that you have to be a real dickhead to a cop or other person to get one, but - you are on probation, and that’s looked down on. So be careful and know you’re taking a risk if you continue to drink while taking the bike around. Be respectful to cars, be respectful to traffic laws, and you should be fine.
Additionally, I familiarized myself with Los Angeles’ subway system, which most people who live here don’t even realize we have one. It’s underused, efficient, and a pretty pleasant experience. Bring your headphones, bring a book, and you’re good. It’s kind of amazing to be able to change time you would spend driving into catching up on a book, or getting some work done. Makes you think about the time lost to actual driving. The difficult part about the subway is that it’s very limited in where it goes - some areas are just completely not served, and that it’s strict on it’s timetable - so many times I’ve been rushing down the stairs to hear the train leave the station and been stuck for some time. Still, it gets you to a lot of places you want to go, so I can’t knock it.
Then there’s the bus. The bus… is the bus. It has weirdos, and loose timetables, and you’re never sure if it’s coming late or left early… It’s a hassle. But it gets you around, and once you get the hang of it, it’s not so bad. The big advantage is that it gets almost everywhere, and can be used with the subway to cut travel times down drastically. The bus is an underrated player in the transportation game.
Finally, there’s Uber and Lyft. The most priciest options, but also the nicest. You make the request and before too long somebody comes by in their car, picks you up and takes you to your destination. Sometimes the driver can be a little bit talky, but otherwise it’s a pretty good service. Cheaper than a cab (who won’t come get you when you want it to and is an incredibly unpleasant experience), and super convenient. It’s best to get familiar with these two for when you do have your license back and still want to drink. Additionally you can get a free ride for each of these with a code for one free ride on each of these services (you can use one to your destination and the other back for a free round trip and a comparison between the two.)
Additionally, each of these services have a carpool option, that picks up somebody along the way and going in roughly the same direction. Depending on how much you like random situations, this can be good or bad. I know people who have made very close friends from this, and even one couple that met through this. I do it because it’s cheaper.
Uber and Lyft are super popular, leaving some people to ditch their cars completely and solely rely on them to get around. Even a small car payment means a lot of rides on the service, but I’m not sure I’m ready for that yet. Uber wants to take their technology to get a full fleet of driverless cars, and people would just get rides that way and replace personal car ownership. That’s a really interesting vision of the future, one I kind of hope comes - because if I never have to drive again, I can never pick up another DUI.
The Experience
Like I said, overall the experience wasn’t as bad as I thought it would be. I was lucky enough to be able to bike in to work, a lot of the places I wanted to go were off the subway or bus lines and there were stops pretty near my place. Just because I was starting to get strapped for cash, I avoided using Uber and Lyft, but ended up using them a fair amount. They came in super handy when I’d be across town late at night and the bus wouldn’t be around for another 2 hours.
It’s much more doable than I thought it’d be. The biggest problem is getting groceries, grabbing lunch for yourself on the weekends, all the quick runs. If it’s a big thing, like joining your crew for a big hangout then you can figure out when you need to leave to take the train, or grab an uber or whatever, but when the nearest laundromat is 3/4 of a mile away, things begin to get tricky.
That said, uber drivers are very understanding.
It’s also a nice excuse to say no. Friends would want me to come out to something they were doing, usually I’d go even though I didn’t want to - now, because of this, I could say no, give them some excuse (I wasn’t telling everybody about this) and enjoy my time to myself. Watch a movie on Netflix, catch up on all those little side projects I’d been meaning to do. It gave me a nice excuse to work on myself, and projects I wanted to do, instead of being pulled every different direction like usual.
One worry people have is that if you can’t drive, that people will find out. I went out less than I normally would, but still went out, biking, catching an uber, etc. and nobody was ever the wiser.
The Hitch
There’s just one tiny little hitch to the process - You’re eligible to apply for your restricted license after 30 days. That doesn’t mean you’ll just automatically get it after 30 days. If you’re getting the interlock device, as I have, you have to get it installed before you can get the license, and you have to get it installed on the installer’s schedule. But you can’t make an appointment with the installer until you’re eligible, which means you can’t get the appointment until you’ve served the 30 days. It’s bureaucracy at it’s worst. I only had an extra 4 days without the car, but they served to be the four days I could’ve used my car the most.
However, it did give me a chance to think about driving my car again - I ended up illegally driving it over to a nearby service station and getting a few things taken care of - namely an oil change that was due, and brake pads that would’ve been needed sometime during my months with the interlock. I figured it was better to get them taken care of now, rather than when the device was on. Despite the illegal drive, I feel this was the right thing to do. It was the only time I drove illegally.
In the end
30 Days seems like a lot, but it will go by much quicker than you think it will. I started counting every day. Day 1. Day 2. Day 3. I lost track before I even hit 10.
This, like most of your punishments, will quickly become just a memory. Oh yeah, I did that.
Getting Booked
05/ 19 / 16
So one of the weird little… quirks… of my arrest was they didn’t actually process me. It seems to happen about 50% of the time. Anecdotally the biggest factor seems to be when you catch the police officer in their shift (although some argue if you catch them at the end of their shift that they’re more likely to issue a warning and let you go).
So after you’ve plead out or otherwise received your conviction you’ll be given a wealth of paperwork, ordering you to take the DUI classes, conditions of your probation, etc. If you haven’t been booked you’ll receive a document ordering you to go to a certain police department and turn yourself in.
When you receive this document you will not have long to turn yourself in - only seven days, and it’s not something you want to mess around with. If you fail to go in for booking you will have another court appearance and it’s generally not advisable. You don’t need to push them any more, you’ve lost, get things taken care of.
Booking offices are open 7 days a week, but may have limited hours due to budget cuts, holidays, and other reasons. Get it over with quickly in case you end up at the precinct and it ends up being closed.
When going to book yourself you’ll need your booking order, a photo ID (passport or state-ID works). I brought along my sentencing memo (the long form) just in case, but didn’t end up needing it. Better safe than sorry. I didn’t want to come back.
I had to book myself while on the hard no-driving-whatsoever suspension. Fortunately, downtown and the central government buildings are the most covered by public transportation. In any major, or large city, there should be many ways to get to your booking office.
Finding the place was a little bit difficult. The address given on my document was closed up. Doors barricaded, empty inside. I had to go to the place next door, that was labeled as a different part of the police. Again, give yourself ample time. Budget cuts have really messed with local government infrastructure. The area around these big police departments have a heavy feel. There’s hotels built just so family members can see loved ones in jail. Don’t think you’ll be able to stop in somewhere and use the bathroom - everything is on lockdown.
A friend of mine thought the idea of getting booked was really cool and wanted to take me down to get booked. They wanted to hang out, drink police coffee, and hear stories from the cops. I declined their offer, and glad I did. They won’t let anybody go into the building with you.
Walking into the building, you just get a heavy feeling. You’re looked upon as a criminal. Your mind starts to flashback through all the stories you’ve heard on the news where a typo means that they hold a guy for years wrongly, and stuff like that. Don’t worry. Again, like most of this process, your nerves will be the worst part of it. It’s a quick and easy process.
Don’t bring a bag with you, don’t bring weapons with you (as stupid as it sounds, it happens), don’t bring anything that can get you in trouble (again, it happens), and if you have any warrants out, well, this is your reckoning. You go through the metal detector and then are given forms to fill out about yourself - height, weight, address, basic stuff. Fill this out accurately as this stuff will be part of your criminal record. There’s a place for your occupation. I filed mine out, but the cops didn’t understand what I did, so they put “sales”. Apparently this is routine. It was nice to have a light, funny moment during this heavy moment for me.
You’ll be taken to a back room where you’ll have your hands scanned. What’s nice about this process is that you won’t be given the oily, difficult to remove ink when you’re usually fingerprinted by cops, instead you put your hand on a scanner that has a roller on it, and it scans your whole handprint. You can see how your handprint shows up on screen. It’s actually kinda cool.
Then comes the big moment - you have to remove any hats, glasses, earrings, facial piercings, and other accessories (best not to bring them in the first place if it can be helped) and look at a certain place on the wall for your mugshot. It’s not like it is in the movies anymore - you don’t hold up a thing with your booking numbers, you don’t turn to the side - you just look a little bit to the side. There’s no flash, it’s done by just a little webcam sized thing mounted on the ceiling.
In LA County, where I got mine, mugshots are not made available to the public. Which was nice to know that I’d never have to worry about a friend randomly googling around and coming across it, or anything like that. Kind of a bummer that I could never see it. Seems like most places are shifting away from immediately publishing mugshots on the web to prevent the business where people publish mugshots with SEO words and personal information and hold convicted people hostage - demanding money to take it down. Seems they don’t like anybody making money off of the system unless it’s them. But it’s nice to know that it’s generally becoming something that you won’t have to worry about.
After you’ve gotten your mugshot you’ll be sat down in the waiting room again, and after a few minutes you’ll be given a pink form - your prisoner’s receipt. Generally this is for having a record of your possessions when you get booked, but since you’re not actually ingested into prison, it’s just a record that you actually checked yourself in. Hold on to it just in case anything happens to where the court loses documentation on their end (it happens).
Leaving the police station, even without staying too long, felt like a big relief. It wasn’t a place I wanted to stay around. Things felt different, though. I’d been booked, handprinted, and my mugshot taken. I was a documented criminal. It’s a weird feeling to process.
I ended up hanging out in that part of town for a while. I had nowhere to be, I’d taken a personal day to get booked. Might as well explore, try out a new restaurant, hope that I wouldn’t ever return.
So after you’ve plead out or otherwise received your conviction you’ll be given a wealth of paperwork, ordering you to take the DUI classes, conditions of your probation, etc. If you haven’t been booked you’ll receive a document ordering you to go to a certain police department and turn yourself in.
When you receive this document you will not have long to turn yourself in - only seven days, and it’s not something you want to mess around with. If you fail to go in for booking you will have another court appearance and it’s generally not advisable. You don’t need to push them any more, you’ve lost, get things taken care of.
Booking offices are open 7 days a week, but may have limited hours due to budget cuts, holidays, and other reasons. Get it over with quickly in case you end up at the precinct and it ends up being closed.
When going to book yourself you’ll need your booking order, a photo ID (passport or state-ID works). I brought along my sentencing memo (the long form) just in case, but didn’t end up needing it. Better safe than sorry. I didn’t want to come back.
I had to book myself while on the hard no-driving-whatsoever suspension. Fortunately, downtown and the central government buildings are the most covered by public transportation. In any major, or large city, there should be many ways to get to your booking office.
Finding the place was a little bit difficult. The address given on my document was closed up. Doors barricaded, empty inside. I had to go to the place next door, that was labeled as a different part of the police. Again, give yourself ample time. Budget cuts have really messed with local government infrastructure. The area around these big police departments have a heavy feel. There’s hotels built just so family members can see loved ones in jail. Don’t think you’ll be able to stop in somewhere and use the bathroom - everything is on lockdown.
A friend of mine thought the idea of getting booked was really cool and wanted to take me down to get booked. They wanted to hang out, drink police coffee, and hear stories from the cops. I declined their offer, and glad I did. They won’t let anybody go into the building with you.
Walking into the building, you just get a heavy feeling. You’re looked upon as a criminal. Your mind starts to flashback through all the stories you’ve heard on the news where a typo means that they hold a guy for years wrongly, and stuff like that. Don’t worry. Again, like most of this process, your nerves will be the worst part of it. It’s a quick and easy process.
Don’t bring a bag with you, don’t bring weapons with you (as stupid as it sounds, it happens), don’t bring anything that can get you in trouble (again, it happens), and if you have any warrants out, well, this is your reckoning. You go through the metal detector and then are given forms to fill out about yourself - height, weight, address, basic stuff. Fill this out accurately as this stuff will be part of your criminal record. There’s a place for your occupation. I filed mine out, but the cops didn’t understand what I did, so they put “sales”. Apparently this is routine. It was nice to have a light, funny moment during this heavy moment for me.
You’ll be taken to a back room where you’ll have your hands scanned. What’s nice about this process is that you won’t be given the oily, difficult to remove ink when you’re usually fingerprinted by cops, instead you put your hand on a scanner that has a roller on it, and it scans your whole handprint. You can see how your handprint shows up on screen. It’s actually kinda cool.
Then comes the big moment - you have to remove any hats, glasses, earrings, facial piercings, and other accessories (best not to bring them in the first place if it can be helped) and look at a certain place on the wall for your mugshot. It’s not like it is in the movies anymore - you don’t hold up a thing with your booking numbers, you don’t turn to the side - you just look a little bit to the side. There’s no flash, it’s done by just a little webcam sized thing mounted on the ceiling.
In LA County, where I got mine, mugshots are not made available to the public. Which was nice to know that I’d never have to worry about a friend randomly googling around and coming across it, or anything like that. Kind of a bummer that I could never see it. Seems like most places are shifting away from immediately publishing mugshots on the web to prevent the business where people publish mugshots with SEO words and personal information and hold convicted people hostage - demanding money to take it down. Seems they don’t like anybody making money off of the system unless it’s them. But it’s nice to know that it’s generally becoming something that you won’t have to worry about.
After you’ve gotten your mugshot you’ll be sat down in the waiting room again, and after a few minutes you’ll be given a pink form - your prisoner’s receipt. Generally this is for having a record of your possessions when you get booked, but since you’re not actually ingested into prison, it’s just a record that you actually checked yourself in. Hold on to it just in case anything happens to where the court loses documentation on their end (it happens).
Leaving the police station, even without staying too long, felt like a big relief. It wasn’t a place I wanted to stay around. Things felt different, though. I’d been booked, handprinted, and my mugshot taken. I was a documented criminal. It’s a weird feeling to process.
I ended up hanging out in that part of town for a while. I had nowhere to be, I’d taken a personal day to get booked. Might as well explore, try out a new restaurant, hope that I wouldn’t ever return.
Shopping for the Ignition Interlock Device (IID)
05/ 19 / 16
When you get that big scary letter of the Order of an Ignition Interlock Device (IID) it will give you a list of approved, certified installers - I advise you to look each and every single one of them up. Getting the interlock is a difficult, complicated, and confusing process - and that’s all be design. The interlock companies want it to be difficult as can be, withholding information, giving you the run around, and doing everything they can to squeeze every last dime out of you.
What You Can Look Up Online
Most interlock companies websites are lacking a lot of information, instead asking you to put in all of your contact information - including some sensitive private information - in hopes of getting you on the phone with a salesperson. While the salesperson has some use (they can actually check with the DMV to make sure you’re in an eligible period, and theoretically answer questions) they slow down the process and make the task at hand very confusing.
But, some are nice to put some information online. You’ll never get a straightforward price from the website or the salesperson, but you can try to get as close as possible. The websites I found were usually pretty good at disclosing the location of service centers for interlocks - each company deals with a handful of mechanics, car accessory dealers, etc. (you ever wonder how those tire stores or car stereo places stay in business, here it is) and that’s it. If you find an interlock company you like, but they’re not convenient for you, don’t go with them. You will have to visit the servicer multiple times over the installation (minimum 5), and it’s best to not have to travel all the way across town for this.
All of these places will charge you an extra fee if you’re late or miss your appointment. It’s very important to have an easy place to get to. If you miss your appointment you may end up locked out of your car and forced to tow it to the servicer. Closer is better.
After you’ve eliminated some places you’ll have to end up talking on the phone with a number of salespeople. Do not let this part of the process put you off. I hate talking on the phone, but people’s unwillingness to discuss the difficult part of their lives plays into these people’s hands. Don’t let them take advantage of this.
Every interlock place claims to be the cheapest around - but it’s all subjective. Many places will say the first month is free with installation, or offer a free installation, or some other way to cloud what the device will actually cost. Take lots of notes. The worst offenders are the ones who offered “No hidden fees”. I felt good about them, until talking with another provider they mentioned a removal fee. No hidden fees place did not mention this. I called them back and asked about it, and the removal free was massive. I asked them about it, and they claimed that the fee wasn’t hidden because they would mention it when asked. When talking with a lot of these salespeople I’d be asking myself, “wait, I’m the criminal here?”.
So, after a lot of calling I found myself with what I believe to be the best possible outcome for myself. Again, I don’t know the others, but in asking around, I believe I found myself the most reasonable - close, and relatively cheap to some of them. The back of the envelope math I did based on quotes had all them coming relatively close to each other… Around $450 total for 5 months, but I feel this space is shifting all of the time. Best to call around for yourself, but feel a little bit easy that getting the worst deal won’t mean a difference of hundreds of dollars. Still, this process is bleeding you dry, let’s save every dime we can.
I’ve compiled a list of the various fees I have found in my shopping and subsequent bills for the interlock device. As more people enter the business, as regulations change, I’m sure there will be more. When in doubt ask questions. Ask enough questions to be a pain in the salespersons side, until they give you the answers you deserve. They are doing their best to confuse and mislead you - if you are unsatisfied or confused by their answers let them know. At the end of the day, they’re fighting for a somewhat limited amount of customers. They need you. You can still go somewhere else.
Known Possible Fees:
Pricing and preparing for all of this is a difficult task. Especially with all the callbacks, run around, hiding of information, it’s exhausting to deal with. Again, this is what they want. They want to drain you dry so that you settle and just say fine. They need you, you have your pick. Ask as many questions as possible, they are leaving something out.
What You Can Look Up Online
Most interlock companies websites are lacking a lot of information, instead asking you to put in all of your contact information - including some sensitive private information - in hopes of getting you on the phone with a salesperson. While the salesperson has some use (they can actually check with the DMV to make sure you’re in an eligible period, and theoretically answer questions) they slow down the process and make the task at hand very confusing.
But, some are nice to put some information online. You’ll never get a straightforward price from the website or the salesperson, but you can try to get as close as possible. The websites I found were usually pretty good at disclosing the location of service centers for interlocks - each company deals with a handful of mechanics, car accessory dealers, etc. (you ever wonder how those tire stores or car stereo places stay in business, here it is) and that’s it. If you find an interlock company you like, but they’re not convenient for you, don’t go with them. You will have to visit the servicer multiple times over the installation (minimum 5), and it’s best to not have to travel all the way across town for this.
All of these places will charge you an extra fee if you’re late or miss your appointment. It’s very important to have an easy place to get to. If you miss your appointment you may end up locked out of your car and forced to tow it to the servicer. Closer is better.
What to Ask on the Phone
After you’ve eliminated some places you’ll have to end up talking on the phone with a number of salespeople. Do not let this part of the process put you off. I hate talking on the phone, but people’s unwillingness to discuss the difficult part of their lives plays into these people’s hands. Don’t let them take advantage of this.
Every interlock place claims to be the cheapest around - but it’s all subjective. Many places will say the first month is free with installation, or offer a free installation, or some other way to cloud what the device will actually cost. Take lots of notes. The worst offenders are the ones who offered “No hidden fees”. I felt good about them, until talking with another provider they mentioned a removal fee. No hidden fees place did not mention this. I called them back and asked about it, and the removal free was massive. I asked them about it, and they claimed that the fee wasn’t hidden because they would mention it when asked. When talking with a lot of these salespeople I’d be asking myself, “wait, I’m the criminal here?”.
So, after a lot of calling I found myself with what I believe to be the best possible outcome for myself. Again, I don’t know the others, but in asking around, I believe I found myself the most reasonable - close, and relatively cheap to some of them. The back of the envelope math I did based on quotes had all them coming relatively close to each other… Around $450 total for 5 months, but I feel this space is shifting all of the time. Best to call around for yourself, but feel a little bit easy that getting the worst deal won’t mean a difference of hundreds of dollars. Still, this process is bleeding you dry, let’s save every dime we can.
I’ve compiled a list of the various fees I have found in my shopping and subsequent bills for the interlock device. As more people enter the business, as regulations change, I’m sure there will be more. When in doubt ask questions. Ask enough questions to be a pain in the salespersons side, until they give you the answers you deserve. They are doing their best to confuse and mislead you - if you are unsatisfied or confused by their answers let them know. At the end of the day, they’re fighting for a somewhat limited amount of customers. They need you. You can still go somewhere else.
Known Possible Fees:
- Installation Fee - A lot of places will use this as the big smoke and mirrors to what the interlock will end up costing you. A lot of places will claim that it’s free, only to give you a rebate on either your first or last month (double check and hold them to it if that’s the case) or have a reduced fee if you pay certain months in advance. This is so that it’s super hard to compare prices. Usually if the installation is free or reduced cost your monthly cost is going to be higher (not always the case, though).
- Late/Missed Appointment Fee - Most people find out about this after they’ve made their appointments, the rep just adds a little “oh by the way, don’t be late!”. It’s always a little twist in your side - as you’re never allowed to charge them a fee when they miss the appointment. An unscrupulous (read:most) places can even charge you for being late even if you get there late and they’re still working on the person in front of you. So they had no downtime, but they still get to stick you for the money. Get there early every time. Don’t give them the pleasure.
- Monthly Fee - Every month that you have the IID you have to pay for it. It’s a crappy rental, and when you see the fees that you’re paying for it, you’ll wish you’d gotten into the IID business. This, however, is a consistent fee that is the most straightforward of what you’ll end up paying. There’s not much that will change about this, unless you get a free first or last month.
- Upgraded Unit Fee - Not all interlock devices are the same - they all require different blow patterns - some short, some long, some complicated. Some states like Oregon require devices come equipped with a camera that takes a picture of the person blowing the device every time, in order to prevent a passenger from blowing the device for an intoxicated driver. In some instances a more restrictive device - like one with a camera - has less of a cost than a more simpler device (some states there is no difference, some states it costs more). Explore all your options and decide how much restriction you can tolerate if these options are available to you.
- Keyless Start Unit Fee - If you have a push to start or remote start car, be prepared to pay more - both monthly and in installation and removal fees. The upside? Some places are able to provide you with a remote interlock that you carry with you. So you can blow and start your car remotely, just as you did before. I imagine the remote part is all sorts of handy, but, alas, I’m still in the key-ignition days.
- Disguised Unit - Some places try to “help you out” by offering a slipcover for your interlock unit that allows it to supposedly look like a can of soda. In practice this is a method to capitalize off of your embarrassment and further profit off of you. Most of the ads for this covers make it seem as the unit will look like a 12 oz can of soda, while in practice they und up looking roughly the size of a 7-Eleven Big Gulp 32 oz jug. Some places will outright sell it to you (think of all the times you can reuse it!) and some will rent it to you for additional monthly charges, and others will give it to you free if you purchase an additional insurance policy. I say don’t bother. Even the biggest of IIDs is not very visible while driving, you will not be using it that often in view of other people, and it will not disguise the fact that you have an IID from a passenger. But, if you want it, be sure you know the total cost of it - either by purchase, rental, or attached to something else.
- Download/Service Fee - You have to visit the place that installs your interlock device every 60 days to calibrate it and download the record of violations from the device. Some places will charge you $10-$15 a visit for this, others include it in their monthly fees. A lot of places will not tell you about this fee until you see it on your bill. Ask about it before you sign up. Also make sure that their system will allow you to visit every 60 days, as some places only charge on a monthly basis - meaning you will have to dedicate more time to visiting your servicer, more possible late/missed appointment fees, more possible lockouts, more possible service fees. I know I wanted to visit this place as least as possible.
- Lockout Fee - Every month (or two months if bi-monthly) your IID has a lockout date. Theory goes that the machine needs to be calibrated in order to be an accurate detection of alcohol in your breath. The court dictates that the machine be calibrated at least every 60 days, but the companies take it one step further and make it so that your car can completely lock you out if you miss your appointment - so you now have to tow your car to the service center and then pay them an additional fee to get your system back working again. Don’t miss your appointments. There can be some additional blowback from the court if you do, as it’s a violation of your restricted license… just don’t do it. Don’t get locked out. There’s no good reason to.
- Lockout Code Fee - Some interlock devices have a keycode that you can punch in to give you an engine start, or period of engine starts, if, for some reason, you miss your appointment and get locked out, so that you can get to the service center and get your IID recalibrated. Of course, they’ll charge you a fee for this code. Don’t miss your appointments.
- Violation Fee - If you have enough violations - either for too much alcohol in your system when trying to start your car (again, you should have your own breathalyzer so that you can check before you blow into your IID), or for trying to tamper with the device the court will take away your restricted license privileges, but your IID company can also fine you. It just keeps coming.
- Warranty - One I didn’t see coming. Some installers will charge you a monthly fee that theoretically protects you in case the device breaks (in a manner that doesn’t look like you were trying to bypass the device). Would it in practice? I don’t know. I’m not going to find out. But when comparing prices see if they’re going to tack it on.
- Insurance - The same as a warranty, but can also be purchased separately. In my experience the machine shouldn’t be beaten up too much, once you find a good place for it that’s out of the way when driving, it shouldn’t take too much wear and tear, but accidents do occur, I suppose. If you get it, know what it covers, ask if there’s a deductible (that’s where they get you), and know the ins and outs. Also double check if your current car insurance policy covers it (you have the SR-22, they know you have a DUI).
- Damage - This should be conditional with you actually damaging the damn thing, but find out what their policy is before it happens. The devices are can be damaged by heat, animals, water spills, auto accidents, know what will happen to you in case this happens.
- Theft/Loss - Most of the units are removable. Supposedly they can be damaged by extreme heat and extreme cold, so if you are in those environments, you are encouraged to take the unit with you to protect it. Does anybody actually do this? I have no idea. However, if you take it with you and somehow lose it (I don’t know how this would happen since you can’t drive without it) or your car is stolen (and the ignition interlock device is actually a fairly decent theft deterrent system), you should know what the consequences are.
- Replacement Forms - If you misplace the paperwork, or make a mistake filling it out, they will charge you for replacements - even if you mess up when first filling it out. Stupid, I know, unfair, I know, nothing you can do. Fill it out carefully.
- Tax - The IID is not a taxable item. However, most people do not know this and a shady vendor could be charging you tax and pocketing it. Do not allow this to happen. Alert the authorities if this happens.
- Credit/Debit Card Fee - The bane of my existence at my nearest lunch spots. Some places can charge you for using your credit card. Usually a dollar or two, but still, it’s important to know.
- Personal Check Fee/Bounced Check Fee - I don’t recall any of the places I dealt with saying that they accepted personal checks, but I didn’t ask. I’ve only paid my taxes and my court fees with a check in the last number of years. I’m going to guess most likely you aren’t either - but if for some reason checks are your preferred way to pay, make sure they take them, and make sure you know if and what they charge.
- Cash Fee - Not sure I’ve seen this for anything, but, if you like to pay cash, know the drill. Do they need exact change?
- Removal Fee - This is one of the fees they don’t want you to know about. A lot of people complete their IID then get that extra little kick in the pants for $75-$120 when they find out that there’s a cost to remove the IID. Again - a place that boasted “No Hidden Fees” hid this fee from me until I asked. They know you’ll pay this fee because at this point you’ll be sick of the dang thing. Supposedly you can do this yourself if you’re a gearhead and return the unit. I’m certainly not skilled enough, nor would I want to risk some sort of mixup and the court seeing this as a violation, or the service center erroneously claiming that I damaged it. Let them take it off, I’ll get something to eat.
Pricing and preparing for all of this is a difficult task. Especially with all the callbacks, run around, hiding of information, it’s exhausting to deal with. Again, this is what they want. They want to drain you dry so that you settle and just say fine. They need you, you have your pick. Ask as many questions as possible, they are leaving something out.
More Than Just Proof Of Insurance: The SR-22
05/ 18 / 16
Both your criminal conviction and the conditions to reinstate your license (either restricted or full) will be that you carry proof of insurance. Easy right? You’ve always driven with insurance.
Unfortunately, that’s not what they’re looking for. Yes, you absolutely have to keep your current insurance (if they will keep you) but additionally you’re going to have to add an SR-22 to your policy.
Like most people, I didn’t know what an SR-22 was besides hearing about it on the radio ads for sketchy places that will insure you without a license. An SR-22 addition means that you’re a high risk driver in that you either got a DUI or into a serious accident. It’s just a proof that you have insurance and that your company knows that you’ve been in trouble before. The SR-22 itself isn’t insurance. It offers no additional coverage or protection. CA law requires you to keep it for 3 years, other states have similar polices and varying amount of times, but 3 years is the standard. Once that’s up, drop it from your policy.
Here’s the big “gotcha” of the whole thing: if you switch insurance companies and get a separate SR-22, your three years will start over. This is an incredibly easy mistake to make, don’t get caught up in it. Once you get your SR-22 you are free to change insurance companies, just make sure they do an SR-22 transfer. Then it will continue to count and you’ll be over it as quickly as can be.
Additionally, in California at least, the SR-22 is never a document that you will hold in your hand. You purchase it, then it’s sent to the DMV, and you’re given an estimation of when it will arrive. Not particularly helpful, but whatever. In a pinch I’m told it can be faxed in a matter of hours. In a world of instant gratification, this part is a complete hassle and frustration.
Getting the SR-22 isn’t hard, but it’s a pain. My insurance company has an app and reporting a claim is super easy, I don’t have to talk to people, it’s like ordering a pizza in this day and age.
There’s nowhere to get an SR-22 in the app. You have to call. Now that we have our technology, I hate to make the call, but you have to make the call. No insurance company (that I know of) allows you to get one over their website, or anything else. This also comes with them asking why you’re being required to get one. You gotta tell them, sadly. This is usually how your insurance finds out about your DUI, and adjusts their rates accordingly.
The Consumer Advocates guide to SR-22 is helpful and can lead you to finding the best rate.
Can I get an SR-22 without telling my insurance company?
A common question. I looked into it. You actually can.
I don’t recommend it. I really don’t recommend it.
There’s two types of SR-22 - one for owners of a car, and one for non-owners. When you get your DUI you’re going to get all sorts of mailings from people saying that they can give you an SR-22 without telling your insurance company. They’re trying to sell you a non-owners SR-22 for the car that you own (leasing, etc. counts). They’re trying to tell you that it will be fine. It will not be fine.
First of all, the DMV knows whether you own a car or not. They’re going through your file already, it will be very easy for them to put 2 and 2 together when you go into the DMV to get your license reinstated with a form saying that you put an interlock device on your car, with an SR-22 that says that you don’t own a car. You laugh, but people have tried it.
Additionally, if you’re in an accident, all of your shit comes up, and it’ll be clear that you tried to get around it. Which would be a violation of your plea bargain, and that will get you in a world of trouble. In some states you are required to keep the SR-22 with your car. When you get pulled over in your car with a non-owner SR-22, well, it’s easy.
Basically, so many things can go wrong with this, it’s not even funny. I know you want to try to get away with something at this point because you feel that everybody’s turning the screws on you, but this isn’t it.
But the biggest thing is that non-owner SR-22s are really expensive. Anywhere from $75-100 a month.
Typically, your insurance will not raise your rates by near that amount.
It’s not worth it.
What about the second policy "trick"?
So before I go into this - let me say that I haven't tried this, this is not advice, and I'm not encouraging you to do this… I don't know how it will go. If you have tried this let me know.
Some people's method to avoid insurance premium increases is to add a supplemental insurance policy on top of their existing policy, then adding an SR-22 to this new policy. The supplemental policy is cheaper than the first policy because it pays out after the primary policy, and the rate increases would apply to this second policy, rather than the first. The policy must be up to your state's minimums and cannot be a "redundant" policy (where an accident would create two insurance claims).
I've read about it from a few lawyer's blogs, and lawyer comments on reddit. I would recommend doing more research on it, but it seems like it is legal and might just work. It does seem like a loophole that will get closed at some point, but who knows.
If anybody has more information, please let me know.
Unfortunately, that’s not what they’re looking for. Yes, you absolutely have to keep your current insurance (if they will keep you) but additionally you’re going to have to add an SR-22 to your policy.
Like most people, I didn’t know what an SR-22 was besides hearing about it on the radio ads for sketchy places that will insure you without a license. An SR-22 addition means that you’re a high risk driver in that you either got a DUI or into a serious accident. It’s just a proof that you have insurance and that your company knows that you’ve been in trouble before. The SR-22 itself isn’t insurance. It offers no additional coverage or protection. CA law requires you to keep it for 3 years, other states have similar polices and varying amount of times, but 3 years is the standard. Once that’s up, drop it from your policy.
Here’s the big “gotcha” of the whole thing: if you switch insurance companies and get a separate SR-22, your three years will start over. This is an incredibly easy mistake to make, don’t get caught up in it. Once you get your SR-22 you are free to change insurance companies, just make sure they do an SR-22 transfer. Then it will continue to count and you’ll be over it as quickly as can be.
Additionally, in California at least, the SR-22 is never a document that you will hold in your hand. You purchase it, then it’s sent to the DMV, and you’re given an estimation of when it will arrive. Not particularly helpful, but whatever. In a pinch I’m told it can be faxed in a matter of hours. In a world of instant gratification, this part is a complete hassle and frustration.
Getting the SR-22 isn’t hard, but it’s a pain. My insurance company has an app and reporting a claim is super easy, I don’t have to talk to people, it’s like ordering a pizza in this day and age.
There’s nowhere to get an SR-22 in the app. You have to call. Now that we have our technology, I hate to make the call, but you have to make the call. No insurance company (that I know of) allows you to get one over their website, or anything else. This also comes with them asking why you’re being required to get one. You gotta tell them, sadly. This is usually how your insurance finds out about your DUI, and adjusts their rates accordingly.
The Consumer Advocates guide to SR-22 is helpful and can lead you to finding the best rate.
Can I get an SR-22 without telling my insurance company?
A common question. I looked into it. You actually can.
I don’t recommend it. I really don’t recommend it.
There’s two types of SR-22 - one for owners of a car, and one for non-owners. When you get your DUI you’re going to get all sorts of mailings from people saying that they can give you an SR-22 without telling your insurance company. They’re trying to sell you a non-owners SR-22 for the car that you own (leasing, etc. counts). They’re trying to tell you that it will be fine. It will not be fine.
First of all, the DMV knows whether you own a car or not. They’re going through your file already, it will be very easy for them to put 2 and 2 together when you go into the DMV to get your license reinstated with a form saying that you put an interlock device on your car, with an SR-22 that says that you don’t own a car. You laugh, but people have tried it.
Additionally, if you’re in an accident, all of your shit comes up, and it’ll be clear that you tried to get around it. Which would be a violation of your plea bargain, and that will get you in a world of trouble. In some states you are required to keep the SR-22 with your car. When you get pulled over in your car with a non-owner SR-22, well, it’s easy.
Basically, so many things can go wrong with this, it’s not even funny. I know you want to try to get away with something at this point because you feel that everybody’s turning the screws on you, but this isn’t it.
But the biggest thing is that non-owner SR-22s are really expensive. Anywhere from $75-100 a month.
Typically, your insurance will not raise your rates by near that amount.
It’s not worth it.
What about the second policy "trick"?
So before I go into this - let me say that I haven't tried this, this is not advice, and I'm not encouraging you to do this… I don't know how it will go. If you have tried this let me know.
Some people's method to avoid insurance premium increases is to add a supplemental insurance policy on top of their existing policy, then adding an SR-22 to this new policy. The supplemental policy is cheaper than the first policy because it pays out after the primary policy, and the rate increases would apply to this second policy, rather than the first. The policy must be up to your state's minimums and cannot be a "redundant" policy (where an accident would create two insurance claims).
I've read about it from a few lawyer's blogs, and lawyer comments on reddit. I would recommend doing more research on it, but it seems like it is legal and might just work. It does seem like a loophole that will get closed at some point, but who knows.
If anybody has more information, please let me know.
The Watson Murder Laws
05/ 07 / 16
Once you’re convicted of a DUI, your life doesn’t change much. As days go by the shame and the guilt fades, your suspensions clear, your probation goes away, you can get the charge expunged, and after 10 years, your DUI can’t be used as a prior conviction should you get another DUI.
However, there is one thing that does change for good - in California part of your conviction requires you to sign a “Watson Advisement” - which says that if you drive under the influence again and cause a fatality you may be charged with second degree murder.
There is no way to avoid signing the Watson Advisement. Technically, you can be charged with a Watson Murder the first time you’re driving under the influence and cause a fatality, but it’s hard to get the Watson laws to stick to that. Basically the Watson Advisement ups the penalties for repeat offenders.
The murder charge becomes second-degree because it acknowledges that you didn’t set out to murder the victim, but you that your taking of alcohol (or other drugs) and driving a car were both intentional acts and created “implied malice”.
A Watson Murder can result in 15 years in prison, a $10,000 fine, and a strike under the “three strikes” law.
Once you’ve signed the Watson Advisement its provisions do not expire. You can be charged 50 years after your DUI if you cause a fatality while driving under the influence.
The biggest lesson to learn from your first DUI is to find ways to avoid drinking and driving. If the possibility of being considered a murderer doesn’t do it, I don’t know what will.
However, there is one thing that does change for good - in California part of your conviction requires you to sign a “Watson Advisement” - which says that if you drive under the influence again and cause a fatality you may be charged with second degree murder.
There is no way to avoid signing the Watson Advisement. Technically, you can be charged with a Watson Murder the first time you’re driving under the influence and cause a fatality, but it’s hard to get the Watson laws to stick to that. Basically the Watson Advisement ups the penalties for repeat offenders.
The murder charge becomes second-degree because it acknowledges that you didn’t set out to murder the victim, but you that your taking of alcohol (or other drugs) and driving a car were both intentional acts and created “implied malice”.
A Watson Murder can result in 15 years in prison, a $10,000 fine, and a strike under the “three strikes” law.
Once you’ve signed the Watson Advisement its provisions do not expire. You can be charged 50 years after your DUI if you cause a fatality while driving under the influence.
The biggest lesson to learn from your first DUI is to find ways to avoid drinking and driving. If the possibility of being considered a murderer doesn’t do it, I don’t know what will.
Pleading Out: Making A Plea Bargain
05/ 06 / 16
When you get arrested for suspicion of DUI there's two main schools of thought when it comes to your court case - I'm going to fight this, or just give me the minimums and let me get this over with. Unless there's a spectacular mistake or injustice made, even in the case of the most focused fighter, they usually become a person who just wants to put it to bed.
The DUI process is long, and it's taxing in a lot of ways - financially, mentally, logistically. But it all comes to an end one way or another.
The vast majority of cases are settled by a plea bargain. You don't go to trial, you save court costs, you save time, and you (hopefully) get a minimal sentence or close to it. You can fight it, but you've given the state the evidence they need to convict you. This is the part where you really feel like you're being eaten up by the gears of the system. The deck is stacked, and you didn't have much of a chance to begin with.
So, it's always with a heavy sigh that somebody says, "Ok, I'll take the plea bargain".
It feels both heavy, in that now, as soon as you sign it and return it you are a convicted criminal. How did your life end up like this? But there's also a lightness in saying, "alright, I messed up, lemme do what I gotta do, and put it behind me".
When you're offered the plea bargain, you should know all of the terms involved - what the fines will be, how much (if any) jail time, how long the DMV program will be, the conditions of an interlock device, suspension, the driver's license suspension, any additional charges involved in this plea (any charge you picked up in your stop, can be rolled into this plea and effectively dismissed as well), everything. Be sure to ask as many questions as you possibly can. Get your money's worth out of your lawyer, get the public's money out of your public defender, or if you're representing yourself, get the prosecutor to lay out every single bit of it. Know your plea forwards, backwards, and upside down before you sign anything. Do not sign anything you do not understand.
Absolutely, under no circumstances sign anything you do not understand or did not agree to.
There shouldn't be anything screwy in there, it's a procedure the prosecutor goes through hundreds of times a week, but, once again, and I cannot emphasize it enough - Do not sign anything you have questions about or have not been informed about.
Alright, I think we've on the same page now.
The first thing you need to understand about the plea bargain is what the actual plea is - there's two options "Guilty", which is what it sounds like, and "nolo contendere", which is a little bit different, and what you should be pleading.
Nolo contendere means "No Contest", but the legal system likes to stick to using latin wherever possible so the phrase has hung around. Pleading No Contest is the same as pleading guilty for the most part - you still get a charge, you still skip the trial, you still get punished - but pleasing No Contest has a little quirk that actually, for once, goes in your advantage: a plea of No Contest cannot be used against you in a civil case as an admission of guilt. So if you were drunk and hit a parked car, the owner suing you can't use you taking a No Contest plea as proof that you did it and admitted to it. If you plead guilty you can. For most DUIs coming from traffic stops or checkpoints there won't be a civil case associated, but you should take the protection anyway. Any time the legal system offers you protection, just take it. It also allows you to mentally not have the word "guilty" attached to yourself, which is good for your headspace.
The plea form itself is a long document that asks you to agree to nearly 40 different statements - it looks daunting, but if you understand the offer given to you it isn't bad. Here's a quick walkthrough:
The first two statements are that you understand you that you have a right to an attorney. Easy enough. You pick whether you have one or not.
The next section lays out the charges against you - that you drove under the influence, that you had a BAC of .08, whether you were driving a commercial vehicle (special charges and BAC restrictions on those), and if you were reckless or not. It also has a place that can add on any other related charges to your crime (open container, no license, etc). Be absolutely sure to only initial the boxes that correspond to the actual charges against you. I wasn't driving a commercial vehicle, so I did not initial that box. Under no circumstance should you agree to anything that you weren't charged with - this will come back to haunt you. Again, if you don't understand something, you can ask your attorney, the prosecutor, or the judge, even.
Afterwards comes a section where you waive your rights. It's always disheartening as an American to give up any of your rights, but this gets the process moving. If you're pleading out you've already decided that you do not want a jury trial, or produce evidence, and that you don't want to cross examine people. Also, by pleading you are self-incriminating, and giving up your right to silence. You've already implicitly agreed to these concepts, but seeing them in writing makes it a little bit difficult. Give up your rights? This is America. Eh. At this point it's all a formality.
Then you're presented with the consequences of your actions - there's a chart with the minimum and maximum punishments and you agree that you understand the range of what can happen. What's really important to understand is that this is where you agree to the Watson provision - where if you drink and drive again, and end up in a collision that results in a fatality you may be charged with second degree murder. Let that sink in for a second. Screw up again and you may find yourself fighting a murder charge. If that doesn't motivate you to avoid a second charge, nothing will.
Additionally in this section you agree to pay court costs in addition to the penalty. The on-the-books penalty for a DUI is $390-$1000, but you end up paying much more because the various fees and court costs they tack on to your conviction. There is no way around these. You cannot fight them. Again, you're just caught up in the gears of the machine.
This section goes on to illustrate the differences in the DMV case vs the criminal case, which you should understand at this point as you've been pretty well through it and may be on some phase of your DMV suspension.
Then you have your plea - either Guilty or No Contest, your signature (remember what I said earlier, nothing is valid until you sign it, be sure of what you're getting into), what charge you're pleading to (triple check it), the date, and agreeing to be sentenced when the court receives the document, or when a temporary judge receives it.
As a plea bargain is a court document you will have to get it notarized. A real pain if there's not one by your lawyer's office and you're serving out your suspension. It also sucks that you have to go into a notary's office, with your head down low, and show them that you're taking a plea bargain. It's just what you have to do.
The plea bargain isn't a complicated document, but it's a daunting one. It's imposing, and it will mess with you emotionally, as once it's submitted, there's no going back.
But that's something you can use to your advantage - there's no going back, then it's time to move forward. Once you've agreed to the plea bargain, there's no more surprises, no more ambiguity. You know what you have to do, and when to do it by, and how to do it.
It's the biggest step to putting all of this behind you.
The DUI process is long, and it's taxing in a lot of ways - financially, mentally, logistically. But it all comes to an end one way or another.
The vast majority of cases are settled by a plea bargain. You don't go to trial, you save court costs, you save time, and you (hopefully) get a minimal sentence or close to it. You can fight it, but you've given the state the evidence they need to convict you. This is the part where you really feel like you're being eaten up by the gears of the system. The deck is stacked, and you didn't have much of a chance to begin with.
So, it's always with a heavy sigh that somebody says, "Ok, I'll take the plea bargain".
It feels both heavy, in that now, as soon as you sign it and return it you are a convicted criminal. How did your life end up like this? But there's also a lightness in saying, "alright, I messed up, lemme do what I gotta do, and put it behind me".
When you're offered the plea bargain, you should know all of the terms involved - what the fines will be, how much (if any) jail time, how long the DMV program will be, the conditions of an interlock device, suspension, the driver's license suspension, any additional charges involved in this plea (any charge you picked up in your stop, can be rolled into this plea and effectively dismissed as well), everything. Be sure to ask as many questions as you possibly can. Get your money's worth out of your lawyer, get the public's money out of your public defender, or if you're representing yourself, get the prosecutor to lay out every single bit of it. Know your plea forwards, backwards, and upside down before you sign anything. Do not sign anything you do not understand.
Absolutely, under no circumstances sign anything you do not understand or did not agree to.
There shouldn't be anything screwy in there, it's a procedure the prosecutor goes through hundreds of times a week, but, once again, and I cannot emphasize it enough - Do not sign anything you have questions about or have not been informed about.
Alright, I think we've on the same page now.
How do you plead?
The first thing you need to understand about the plea bargain is what the actual plea is - there's two options "Guilty", which is what it sounds like, and "nolo contendere", which is a little bit different, and what you should be pleading.
Nolo contendere means "No Contest", but the legal system likes to stick to using latin wherever possible so the phrase has hung around. Pleading No Contest is the same as pleading guilty for the most part - you still get a charge, you still skip the trial, you still get punished - but pleasing No Contest has a little quirk that actually, for once, goes in your advantage: a plea of No Contest cannot be used against you in a civil case as an admission of guilt. So if you were drunk and hit a parked car, the owner suing you can't use you taking a No Contest plea as proof that you did it and admitted to it. If you plead guilty you can. For most DUIs coming from traffic stops or checkpoints there won't be a civil case associated, but you should take the protection anyway. Any time the legal system offers you protection, just take it. It also allows you to mentally not have the word "guilty" attached to yourself, which is good for your headspace.
The Plea Form
The plea form itself is a long document that asks you to agree to nearly 40 different statements - it looks daunting, but if you understand the offer given to you it isn't bad. Here's a quick walkthrough:
The first two statements are that you understand you that you have a right to an attorney. Easy enough. You pick whether you have one or not.
The next section lays out the charges against you - that you drove under the influence, that you had a BAC of .08, whether you were driving a commercial vehicle (special charges and BAC restrictions on those), and if you were reckless or not. It also has a place that can add on any other related charges to your crime (open container, no license, etc). Be absolutely sure to only initial the boxes that correspond to the actual charges against you. I wasn't driving a commercial vehicle, so I did not initial that box. Under no circumstance should you agree to anything that you weren't charged with - this will come back to haunt you. Again, if you don't understand something, you can ask your attorney, the prosecutor, or the judge, even.
Afterwards comes a section where you waive your rights. It's always disheartening as an American to give up any of your rights, but this gets the process moving. If you're pleading out you've already decided that you do not want a jury trial, or produce evidence, and that you don't want to cross examine people. Also, by pleading you are self-incriminating, and giving up your right to silence. You've already implicitly agreed to these concepts, but seeing them in writing makes it a little bit difficult. Give up your rights? This is America. Eh. At this point it's all a formality.
Then you're presented with the consequences of your actions - there's a chart with the minimum and maximum punishments and you agree that you understand the range of what can happen. What's really important to understand is that this is where you agree to the Watson provision - where if you drink and drive again, and end up in a collision that results in a fatality you may be charged with second degree murder. Let that sink in for a second. Screw up again and you may find yourself fighting a murder charge. If that doesn't motivate you to avoid a second charge, nothing will.
Additionally in this section you agree to pay court costs in addition to the penalty. The on-the-books penalty for a DUI is $390-$1000, but you end up paying much more because the various fees and court costs they tack on to your conviction. There is no way around these. You cannot fight them. Again, you're just caught up in the gears of the machine.
This section goes on to illustrate the differences in the DMV case vs the criminal case, which you should understand at this point as you've been pretty well through it and may be on some phase of your DMV suspension.
Then you have your plea - either Guilty or No Contest, your signature (remember what I said earlier, nothing is valid until you sign it, be sure of what you're getting into), what charge you're pleading to (triple check it), the date, and agreeing to be sentenced when the court receives the document, or when a temporary judge receives it.
As a plea bargain is a court document you will have to get it notarized. A real pain if there's not one by your lawyer's office and you're serving out your suspension. It also sucks that you have to go into a notary's office, with your head down low, and show them that you're taking a plea bargain. It's just what you have to do.
Not such a bargain
The plea bargain isn't a complicated document, but it's a daunting one. It's imposing, and it will mess with you emotionally, as once it's submitted, there's no going back.
But that's something you can use to your advantage - there's no going back, then it's time to move forward. Once you've agreed to the plea bargain, there's no more surprises, no more ambiguity. You know what you have to do, and when to do it by, and how to do it.
It's the biggest step to putting all of this behind you.
The Discovery Process: Presenting The Evidence
05/ 06 / 16
In the United States you have the right to see any and all evidence the state has against you. This is one of the foundations of Due Process, right up there with the right to an attorney. This is taken incredibly seriously, as any withholding of evidence by the prosecution is an incredibly serious charge. They’re going to give it all to you, including any evidence that supports your innocence (spoiler alert: 99.9999% of times there isn’t any).
I went through the discovery process because I thought there was a chance that my stop was illegal based on what the cop said to me at the time of arrest (that I was weaving within my lane, not outside of it). Usually your lawyer or public defender will show up at your first hearing and meet with the prosecutor, who will usually try to offer a plea bargain just to move the process along quicker and cheaper for everybody. At this point you can take the plea, or move into discovery. There’s always the vague threat that if you go to discovery that your current minimalistic plea bargain could be rescinded and a more harsh one be offered afterwards as some sort of “punishment” for using more of the court’s time. In the vast majority of cases this will not happen (I can make no promises for every single one, of course), and it didn’t happen in mine.
Should you decide to go further your lawyer will file for requests of the police report, the video from the traffic stop, and any other evidence the state has against you. Doing this will not add to your court fees, nor should it cost you more money with your lawyer if you have them on retainer. Getting these materials will take some time and most likely you’ll have a court date moved because of this. It shouldn’t be too much of a problem.
The waiting time for these materials to be produced is a really odd one. You’re going to turn over every single scenario in your head - did this happen? did that happen? I swear I didn’t do x… but what if video shows I did? You can’t really judge your actions that much - at this point it’s a few months after your arrest, and you were at least somewhat intoxicated. Nor can you judge what your actions look like to somebody else. It’s all a mystery, one you will try to solve over and over again, but get no closer.
After some time your lawyer will receive the documents in question and call you in. There’s a certain level of anxiety involved in knowing that you’re going to watch the footage of you getting arrested. My stomach was turning, I didn’t want to see it, I couldn’t see it, I had to see it. I think I ended up buying a mini-bottle from a nearby liquor store just to settle my nerves before walking in the door to my lawyer’s office.
The various law enforcement agencies across the nation all use different formats for their video. Get arrested in some places, you get to watch yourself in crystal clear full-color HD. Some places you get a blurry, vague SD picture that looks like it came out of an old 7-Eleven security cam. Some will deliver the videos digitally, some on DVD, and some in weird proprietary formats that your lawyer may have a difficult time opening up on their PC. There’s no real standard. Some will allow you to jump around in the video, some only let you restart it. None of it makes the process easier.
Watching the video of my arrest wasn’t easy… but it wasn’t as hard as I thought it would be. Your brain switches to analytical mode, looking for that sliver of hope, that off-chance that something on this tape disqualifies everything… but you’re probably not likely to find it. I didn’t.
My tire had crossed one of the lines, I was done. My weaving wasn’t too bad actually, but I had crossed the line and that was enough to get me. It’s important to know that a cop can pretty much pull you over, they have enough byzantine laws and regulations to make sure they can find some reason to pull you over if they want to. It didn’t help me when my lawyer confirmed that they had enough to perform a legal stop on me and added, “Y’know, I watch these all the time, and it mostly comes down to luck.”
Mine had run out.
I could have continued to fight it if I wanted, but, there wasn’t much to fight.
It was time for a plea bargain.
I went through the discovery process because I thought there was a chance that my stop was illegal based on what the cop said to me at the time of arrest (that I was weaving within my lane, not outside of it). Usually your lawyer or public defender will show up at your first hearing and meet with the prosecutor, who will usually try to offer a plea bargain just to move the process along quicker and cheaper for everybody. At this point you can take the plea, or move into discovery. There’s always the vague threat that if you go to discovery that your current minimalistic plea bargain could be rescinded and a more harsh one be offered afterwards as some sort of “punishment” for using more of the court’s time. In the vast majority of cases this will not happen (I can make no promises for every single one, of course), and it didn’t happen in mine.
Should you decide to go further your lawyer will file for requests of the police report, the video from the traffic stop, and any other evidence the state has against you. Doing this will not add to your court fees, nor should it cost you more money with your lawyer if you have them on retainer. Getting these materials will take some time and most likely you’ll have a court date moved because of this. It shouldn’t be too much of a problem.
The waiting time for these materials to be produced is a really odd one. You’re going to turn over every single scenario in your head - did this happen? did that happen? I swear I didn’t do x… but what if video shows I did? You can’t really judge your actions that much - at this point it’s a few months after your arrest, and you were at least somewhat intoxicated. Nor can you judge what your actions look like to somebody else. It’s all a mystery, one you will try to solve over and over again, but get no closer.
After some time your lawyer will receive the documents in question and call you in. There’s a certain level of anxiety involved in knowing that you’re going to watch the footage of you getting arrested. My stomach was turning, I didn’t want to see it, I couldn’t see it, I had to see it. I think I ended up buying a mini-bottle from a nearby liquor store just to settle my nerves before walking in the door to my lawyer’s office.
The various law enforcement agencies across the nation all use different formats for their video. Get arrested in some places, you get to watch yourself in crystal clear full-color HD. Some places you get a blurry, vague SD picture that looks like it came out of an old 7-Eleven security cam. Some will deliver the videos digitally, some on DVD, and some in weird proprietary formats that your lawyer may have a difficult time opening up on their PC. There’s no real standard. Some will allow you to jump around in the video, some only let you restart it. None of it makes the process easier.
Watching the video of my arrest wasn’t easy… but it wasn’t as hard as I thought it would be. Your brain switches to analytical mode, looking for that sliver of hope, that off-chance that something on this tape disqualifies everything… but you’re probably not likely to find it. I didn’t.
My tire had crossed one of the lines, I was done. My weaving wasn’t too bad actually, but I had crossed the line and that was enough to get me. It’s important to know that a cop can pretty much pull you over, they have enough byzantine laws and regulations to make sure they can find some reason to pull you over if they want to. It didn’t help me when my lawyer confirmed that they had enough to perform a legal stop on me and added, “Y’know, I watch these all the time, and it mostly comes down to luck.”
Mine had run out.
I could have continued to fight it if I wanted, but, there wasn’t much to fight.
It was time for a plea bargain.
The DMV Case vs The Criminal Case
05/ 06 / 16
One of the little "quirks" of the DUI process is that when you're arrested you find yourself faced with two charges against you for one crime. It's not Double Jeopardy - it's a loophole that they're exploiting against you.
The case that's against you - technically just a ticket for a DUI - is a criminal case and it belongs to the court. The court can fine you, imprison you, suspend your license, require an ignition interlock device, it has a lot of range. This is what you get your lawyer for, this is the main thing you defend yourself against.
However, it's not the complete case against you. When you sign the agreement to get your driver's license, you agree to not drink and drive. It's in the fine print that you didn't read, and if you did, it's not like you're going to say "If I can't drink, then I don't want to drive!".
Because you have violated the agreement, the DMV can punish you on their own, in a cival case against you independently of your criminal case. Your court case can get dismissed, delayed, rejected, etc. and you can still lose your license because of the DMV's hearing against you. It's completely not fair, I agree, but them's the breaks.
It is 100% possible to beat your court case and still face a suspension of your license.
In California you have just 10 days from your arrest to request a hearing about your case, otherwise your license will be suspended automatically for six months for a first offense(other states have similar laws, some even harsher). Supposedly the phone number that you call to request this hearing has a high volume to it, making it a long affair to request this hearing (I don't know, my lawyer took care of this for me, and he claims that lawyers have an alternate number they can call for this. I, of course, have no way of verifying these claims).
After your DMV hearing is requested you can drive anywhere you want, at any time, free and clear, just as long as you aren't drinking - until your trial you are on a zero-tolerance suspension, and can have your license fully suspended for a year if you're found with any detectable amount of alcohol in your system.
Given that you'll still be a little shaky from your arrest, and already watching over your back, you don't need any more distractions from your driving. Grab an Uber, don't risk it.
Dealing with the DMV during your DUI adventure is just as much of a pain as dealing with the court is. The complete suspension of your driver's license is the most difficult, day-to-day affecting part of your sentencing, and it comes with multiple visits to the DMV (reason enough not to get a DUI), lots of waiting, the utter hassle of the ignition interlock device (IID), and the paying of small, but annoying, fees on top of this.
Even if you beat the case, you still lose.
The case that's against you - technically just a ticket for a DUI - is a criminal case and it belongs to the court. The court can fine you, imprison you, suspend your license, require an ignition interlock device, it has a lot of range. This is what you get your lawyer for, this is the main thing you defend yourself against.
However, it's not the complete case against you. When you sign the agreement to get your driver's license, you agree to not drink and drive. It's in the fine print that you didn't read, and if you did, it's not like you're going to say "If I can't drink, then I don't want to drive!".
Because you have violated the agreement, the DMV can punish you on their own, in a cival case against you independently of your criminal case. Your court case can get dismissed, delayed, rejected, etc. and you can still lose your license because of the DMV's hearing against you. It's completely not fair, I agree, but them's the breaks.
It is 100% possible to beat your court case and still face a suspension of your license.
In California you have just 10 days from your arrest to request a hearing about your case, otherwise your license will be suspended automatically for six months for a first offense(other states have similar laws, some even harsher). Supposedly the phone number that you call to request this hearing has a high volume to it, making it a long affair to request this hearing (I don't know, my lawyer took care of this for me, and he claims that lawyers have an alternate number they can call for this. I, of course, have no way of verifying these claims).
After your DMV hearing is requested you can drive anywhere you want, at any time, free and clear, just as long as you aren't drinking - until your trial you are on a zero-tolerance suspension, and can have your license fully suspended for a year if you're found with any detectable amount of alcohol in your system.
Given that you'll still be a little shaky from your arrest, and already watching over your back, you don't need any more distractions from your driving. Grab an Uber, don't risk it.
Dealing with the DMV during your DUI adventure is just as much of a pain as dealing with the court is. The complete suspension of your driver's license is the most difficult, day-to-day affecting part of your sentencing, and it comes with multiple visits to the DMV (reason enough not to get a DUI), lots of waiting, the utter hassle of the ignition interlock device (IID), and the paying of small, but annoying, fees on top of this.
Even if you beat the case, you still lose.
The Various Outcomes of a DUI Arrest
05/ 06 / 16
Like the rest of the process - what can happen to you after your arrest isn’t the clearest. It depends on a lot of things, your BAC, if there was an accident, prior DUI arrests, etc. I’ll try to outline as many as I can, but there’s always something more that can happen… obviously if the cop finds drugs, illegal weapons, or an outstanding warrant, your case will be much more complicated.
Most likely you’re not in this territory. The vast majority of DUI cases are misdemeanors, but still felony DUIs do happen. A DUI becomes a felony when you commit a traffic violation (wrong way down a one way road, run a stop light, etc.) and injure somebody because of this violation. You’ll know pretty quickly if the state is pursuing a felony charge against you - most likely you’ll have to bond yourself out of jail, and will already be dealing with the guilt of injuring somebody else. A Felony DUI usually requires 180 days in jail, a $3,000-$5,000 fine, a 4-10 year suspension of your license, a possible strike against the three-strikes law, and attendance in an 18-month, or 30-month DUI program. Yikes. It’s just not worth it. On top of that, you will will have to pay restitution to the injured parties, which will not be cheap.
This is for when you are arrested for DUI and are in an accident, under 21, speeding 20 miles over, or are especially intoxicated. The threshold for “especially intoxicated” is .15, but there’s a lot of judgement involved. I was at a .15, barely, and for whatever reason they did not pursue these charges against me. A .20 BAC is where they must throw these penalties at you, anything in between .15-.20 is up to the whims of those against you. Even if you were at a .20 it’s not the end of the world. It’s still a misdemeanor. Occasionally you can get rid of the additional penalties if you plead out, depending on how close to the line you were. The additional charges against you will depend on how it was aggravated - but most likely, you’re looking at having to attend a 9-month DUI program instead of the 3-month, and have to attend some AA meetings. A hassle, for sure, unfortunate, for sure, but manageable.
The vanilla charge. The three letters that have been staring you in the face every day. This is most likely the charge you will be facing. It comes with a $390-$1000 fine (which they take on “court fees” on top of), a 5-month license suspension (which you can turn into a 30-day suspension and 5-month restricted license with an IID), a 3-month DUI program, and 3 years summary probation (more on this later, but basically you just have to be a good boy. You don’t have a probation officer, you don’t have to check in).
The Wet Reckless charge is a little bit like a mirage. Lawyers will use it as an incentive to hire them, offering you the possibility of getting it. There’s very little chance of you pleading your case down to a wet reckless. Usually it’s a compromise for when the police know their instruments were malfunctioning or otherwise can’t convict you, but still want to nail you with something. When I first read about the Wet Reckless, I started hoping and praying that I could negotiate it down to that. I didn’t stand a chance. A Wet Reckless is a DUI-light. It says you had some level of intoxication, but weren’t legally drunk. It’s not something you can be arrested for, it can only come from a plea bargain.
The Wet Reckless is a little bit complicated - it has lesser fines, no mandatory suspension from the court, you only serve a 6-week DUI program, but it still has drawbacks - the most major one is that it’s priorable - meaning if you get a DUI later on, that one will count as your second DUI. Also, while the court may not suspend your license, the DMV still can, and most certainly will, issue their own suspension. Like I said earlier, there’s not a lot of wiggle room with the DMV. So while you won’t officially be serving a DUI - you’ll be serving the worst part of the sentence - the suspension and subsequent interlock. It also counts as a DUI for purposes of traveling to Canada.
That said, you’ll have beat the system somewhat. And you have to be proud of that. But still, you most likely will not be eligible for a Wet Reckless.
The least likely outcome. Sometimes, for whatever reason, the DA decides not to pursue some cases. They may know it was an illegal stop or the equipment wasn’t working properly, I don’t know, and if you get yours dismissed, you won’t know either. Be careful - one person in my DUI class had the charges not filed initially, then on the last day the could have been filed they were. Really messed him up, he thought he’d gotten off. This is also the outcome of taking the case to court and somehow winning. It sounds like a dream - fighting the system and winning. Just know that there’s a few caveats to it - 1.) you’ll have to pay a lot of lawyer fees 2.) it’s a gamble, and if you lose, you may wish you’d taken the plea bargain 3.) The DMV case is separate. So while you may win your big day in court, or have no charges filed against you, the DMV can already have decided that you are guilty and your license suspended. It just isn’t fair.
I remember being presented these options from my lawyer, it looked kind of a menu. I wanted to just go “Oh, I’ll have the Wet Reckless” please. It’s not up to you anymore, unless you or your lawyer have incredible negotiation skills. People have done it, but those are outliers. You may be one, but most likely you’re not. Still, it’s good to know all the options that exist.
Felony DUI
Most likely you’re not in this territory. The vast majority of DUI cases are misdemeanors, but still felony DUIs do happen. A DUI becomes a felony when you commit a traffic violation (wrong way down a one way road, run a stop light, etc.) and injure somebody because of this violation. You’ll know pretty quickly if the state is pursuing a felony charge against you - most likely you’ll have to bond yourself out of jail, and will already be dealing with the guilt of injuring somebody else. A Felony DUI usually requires 180 days in jail, a $3,000-$5,000 fine, a 4-10 year suspension of your license, a possible strike against the three-strikes law, and attendance in an 18-month, or 30-month DUI program. Yikes. It’s just not worth it. On top of that, you will will have to pay restitution to the injured parties, which will not be cheap.
Enhanced Penalty DUI/Aggravated DUI
This is for when you are arrested for DUI and are in an accident, under 21, speeding 20 miles over, or are especially intoxicated. The threshold for “especially intoxicated” is .15, but there’s a lot of judgement involved. I was at a .15, barely, and for whatever reason they did not pursue these charges against me. A .20 BAC is where they must throw these penalties at you, anything in between .15-.20 is up to the whims of those against you. Even if you were at a .20 it’s not the end of the world. It’s still a misdemeanor. Occasionally you can get rid of the additional penalties if you plead out, depending on how close to the line you were. The additional charges against you will depend on how it was aggravated - but most likely, you’re looking at having to attend a 9-month DUI program instead of the 3-month, and have to attend some AA meetings. A hassle, for sure, unfortunate, for sure, but manageable.
DUI
The vanilla charge. The three letters that have been staring you in the face every day. This is most likely the charge you will be facing. It comes with a $390-$1000 fine (which they take on “court fees” on top of), a 5-month license suspension (which you can turn into a 30-day suspension and 5-month restricted license with an IID), a 3-month DUI program, and 3 years summary probation (more on this later, but basically you just have to be a good boy. You don’t have a probation officer, you don’t have to check in).
Wet Reckless
The Wet Reckless charge is a little bit like a mirage. Lawyers will use it as an incentive to hire them, offering you the possibility of getting it. There’s very little chance of you pleading your case down to a wet reckless. Usually it’s a compromise for when the police know their instruments were malfunctioning or otherwise can’t convict you, but still want to nail you with something. When I first read about the Wet Reckless, I started hoping and praying that I could negotiate it down to that. I didn’t stand a chance. A Wet Reckless is a DUI-light. It says you had some level of intoxication, but weren’t legally drunk. It’s not something you can be arrested for, it can only come from a plea bargain.
The Wet Reckless is a little bit complicated - it has lesser fines, no mandatory suspension from the court, you only serve a 6-week DUI program, but it still has drawbacks - the most major one is that it’s priorable - meaning if you get a DUI later on, that one will count as your second DUI. Also, while the court may not suspend your license, the DMV still can, and most certainly will, issue their own suspension. Like I said earlier, there’s not a lot of wiggle room with the DMV. So while you won’t officially be serving a DUI - you’ll be serving the worst part of the sentence - the suspension and subsequent interlock. It also counts as a DUI for purposes of traveling to Canada.
That said, you’ll have beat the system somewhat. And you have to be proud of that. But still, you most likely will not be eligible for a Wet Reckless.
Dismissal
The least likely outcome. Sometimes, for whatever reason, the DA decides not to pursue some cases. They may know it was an illegal stop or the equipment wasn’t working properly, I don’t know, and if you get yours dismissed, you won’t know either. Be careful - one person in my DUI class had the charges not filed initially, then on the last day the could have been filed they were. Really messed him up, he thought he’d gotten off. This is also the outcome of taking the case to court and somehow winning. It sounds like a dream - fighting the system and winning. Just know that there’s a few caveats to it - 1.) you’ll have to pay a lot of lawyer fees 2.) it’s a gamble, and if you lose, you may wish you’d taken the plea bargain 3.) The DMV case is separate. So while you may win your big day in court, or have no charges filed against you, the DMV can already have decided that you are guilty and your license suspended. It just isn’t fair.
I remember being presented these options from my lawyer, it looked kind of a menu. I wanted to just go “Oh, I’ll have the Wet Reckless” please. It’s not up to you anymore, unless you or your lawyer have incredible negotiation skills. People have done it, but those are outliers. You may be one, but most likely you’re not. Still, it’s good to know all the options that exist.
What your DUI Lawyer Really Does
05/ 06 / 16
As soon as your charge is booked your mailbox is going to explode - flyers, brochures, letters, all from DUI lawyers offering their services. Some of the shadier ones will attempt to make their letters look like official documents from the DMV or police. Don’t fall for it.
All these lawyers come in with a few promises - that they’re on your side, they can guide you through the process, that they’re the best, and most importantly - they can get you off or reduce the charges against you.
When you’re feeling the world is going to collapse around you, you get super excited about the thought that you can pay somebody to get out of this. Most likely this will not happen. Hate to be harsh and dash your pie-in-the-sky dreams, but, sadly, it’s just how it goes. Most likely you won’t be getting out free and easy just because you decided to hire a lawyer.
All the ads and flyers will tell you that this lawyer wins 95% of their cases, and they’ve defended a man who was arrested with a .32 or was on cocaine and had residue all over his face, or a number of other zany stories. These are half-truths at best. When they win 95% of their cases, they mean 95% of the ones that go to trial. The vast majority of DUI cases do not go to trial, and it’s probable that yours won’t. This number is meaningless to you. The guy with coke on his face… I’m sure the lawyer did win this case, but this is one out of thousands and thousands of DUI cases the lawyer has. Most aren’t going to “plead out to the usual sentencing” on their flyer.
When you decide on which lawyer you want, you pay them a retainer - this basically works as an all-inclusive price. It theoretically gets you unlimited talks, visits, explanations with your lawyer, and it’s nice because you’re not estimating how much you’re paying each time you delay your court day for some reason. However what they don’t point out is that taking your case to court, where it would actually be decided, costs extra. 95% of DUI cases don’t go to trial, this is one of the reasons why. Usually by the point any potential trial will come out, you’ve already paid for the lawyer, researched the classes, researched the interlock, researched the insurance, and been told that you have little-to-no chance anyhow. At that point spending money is the last thing you’re going to want to do.
That’s not to say that a lawyer is useless, I’m glad that I got one, but if you’re expecting to get out of jail free, temper your expectations.
Your lawyer is going to handle the messy stuff - the filing of paperwork, negotiating with the prosecutor, save you trips to court for your hearings, deal with the DMV, etc. It’s a handy thing to have because there’s a large amount of things that you have to do. It’s a hassle. A lawyer takes some of the weight off.
Once your retainer is paid, your lawyer will usually say something like “Don’t worry if you don’t hear from us for a while.” and you won’t hear from them for a while. It’s kind of an odd feeling to give somebody a large amount of money just to be told “see ya!” but in the beginning, there’s not a lot to do.
However, there’s another surprise around the corner - most likely the person you met with, the face on the business card, the person with their name on the door will not be your actual lawyer. When you hire a lawyer you hire them and their team. So you may find confidence with this person, and then be handed off to a person lower down the pecking order. Be sure to read your retainer agreement in full before signing as this is most likely in there. If this happens to you, be sure to look up this new person. I got handed off and was shocked at first. I looked the new lawyer up and found that they were fairly comparable. I had mixed feelings about this and met with the new lawyer as my first plea offer had been given and found them knowledgable, and very similar to the head lawyer, so I came down as being ok with it. If you do not like your new lawyer or trust them - raise all hell to the firm. Additionally, ask about this when consulting with lawyers the first time, had I known this would happen I certainly would have.
First thing your lawyer should do is to schedule your hearing with the DMV. In CA you have 10 days to schedule a hearing with the DMV, otherwise your license gets an automatic suspension for 5 months. If you schedule a hearing, you retain your driving privileges until your hearing, which is incredibly handy. Your lawyer should also be able to file for your suspension to be split into two sections - hard and soft. I’ll explain more on these later, but it’s a preferable scenario.
Supposedly you can do this yourself. There’s a number on your DUI ticket that you can call to arrange this hearing. I’ve been told that it’s a high-volume phone number and that reaching a person on the other end can be difficult. I’ve not tried it myself, but given the DMV is involved, I wouldn’t be surprised. Fortunately, your lawyer has connections and people working for him, so it gets taken care of.
Your lawyer will represent you when the DMV hearing comes. Don’t expect too much, the DMV hearing is as cut-and-dry as any other DMV procedure. There’s no real arguments to the proceeding, no passionate heart-felt speech by your lawyer is going to tug on any heart strings. They basically ask if it was a legal stop, and if you were over the limit. It’s hard for even your lawyer to argue these points. They don’t take special circumstances into consideration, or anything like that. This hearing is done over the phone, so it’s especially hard to defend - they can see the video evidence, you or your attorney can’t. But, if you get a lawyer, they deal with it, they make time in their schedule to take the call, you just hear back later.
Your lawyer can also delay this hearing if you need to put off the suspension. This can work as a double edged sword, though, so be cautious.
Your lawyer will then be pretty quiet until your first hearing date. This can be a frustrating time because you may have a lot of questions about what’s going on, about details, about things far down the road, and you may contact them many times, and your calls and emails will go unanswered. This is, sadly, par for the course. Many other DUI offenders I’ve spoken to who have gotten lawyers shared this frustration. While the lawyer does guide you along the path, they’re not right by your side. They’ve got other clients, sure, but it can be frustrating to just not hear back. Sadly, it’s just the case.
Upon the first hearing date your lawyer will pick up the charging documents in your case, and more often than not, receive your first plea offer. This will be the first time that you see what the arresting officer wrote about your arrest. Do not be surprised if what is written is not what happened. The courts go based off of cops testimony, and it’s not unusual for them to embellish what happened. It’s wrong, it’s sickening, it’s just how it goes, and there’s nothing you can do.
From here, you have a choice - you can take the plea deal, or go to discovery. Going to discovery means that you will actually have the evidence against you. Yes, they do ask you to plead out before you can see what evidence there is. It’s supposed to save time, but it’s kind of a reprehensible practice if you think about it. Going to discovery also carries the threat that the plea deal could be rescinded. This, too, is to discourage any sort of fighting it. If you haven’t felt like you’re being ground up by the gears of big machine before this, you’re certainly feeling it now.
I was a little hesitant to go to discovery, but, in the spirit of wanting to fight, my belief that I was wrongfully pulled over (so naive!) I went for it. Fortunately, my plea didn’t change. I’m told that when they do, it’s either because there was some huge other factor that makes the crime even worse (I have no idea what this could be) or that it’s only slightly modified (think a day or two of community service).
If you decide to plead out you save the court some money, fill out some forms, and become a convicted criminal. It speeds the process up and most likely you’ll have sentencing on the lighter side of things. Your lawyer should be fighting back-and-forth if you have harsher or unreasonable punishments. They should also know the district you’re in and the punishments they typically give. Some are worse than others (don’t drive and drive in Van Nuys).
If you go with discovery, you’ll not hear from your lawyer for a little bit of time, and then get called in to look at the video, and look at the other documents. Your lawyer will look over these documents very carefully, hoping for an error, typo, anything - sometimes there will be tiny mistakes that cause the charge to be invalid, and can be grounds for a dismissal. Before you get your hopes up, remember that cops know about this, and they’re going to be really diligent about making sure that info is correct. Getting off on a typo is about as rare as being struck by lightning.
Then you get to watch the video of you getting arrested. It’s not fun, I was dreading it in the days leading up to it, but it’s not that bad. Most of it, like the field sobriety tests, take place out of view of the camera. You’ll watch it, your lawyer will watch it, and mostly conclude that everything that took place was legal. At this point your lawyer will advise you what to do, and you’ll most likely take the plea.
However, it’s incredibly important to remember that your lawyer cannot make your decisions for you. They are your defender and advisor. If you don’t want to take a plea, they cannot make you. If, for some reason, they want to fight it more and you want to plead out, they cannot make you fight any longer. They work for you. They can give opinions, and should, but they cannot and should not make any beg decisions for you, no matter how much in your best interest it may be.
You should probably listen to your lawyer, but if you want to do something else - that’s your call.
Once you plead, as I did, they take you through what exactly you’re admitting to, what you’re not, etc. Then they slip back into filing paperwork mode for you.
As you can see, it’s a far cry from the ads saying they’re going to work miracles for you. They sell you false hope. That said, they still serve a very important purpose.
Again, my best advice - talk to many lawyers, visit at least two, overeducate yourself, trust your gut, and pick one that best fits you.
It’s not easy, I know. But you can do this.
All these lawyers come in with a few promises - that they’re on your side, they can guide you through the process, that they’re the best, and most importantly - they can get you off or reduce the charges against you.
When you’re feeling the world is going to collapse around you, you get super excited about the thought that you can pay somebody to get out of this. Most likely this will not happen. Hate to be harsh and dash your pie-in-the-sky dreams, but, sadly, it’s just how it goes. Most likely you won’t be getting out free and easy just because you decided to hire a lawyer.
All the ads and flyers will tell you that this lawyer wins 95% of their cases, and they’ve defended a man who was arrested with a .32 or was on cocaine and had residue all over his face, or a number of other zany stories. These are half-truths at best. When they win 95% of their cases, they mean 95% of the ones that go to trial. The vast majority of DUI cases do not go to trial, and it’s probable that yours won’t. This number is meaningless to you. The guy with coke on his face… I’m sure the lawyer did win this case, but this is one out of thousands and thousands of DUI cases the lawyer has. Most aren’t going to “plead out to the usual sentencing” on their flyer.
When you decide on which lawyer you want, you pay them a retainer - this basically works as an all-inclusive price. It theoretically gets you unlimited talks, visits, explanations with your lawyer, and it’s nice because you’re not estimating how much you’re paying each time you delay your court day for some reason. However what they don’t point out is that taking your case to court, where it would actually be decided, costs extra. 95% of DUI cases don’t go to trial, this is one of the reasons why. Usually by the point any potential trial will come out, you’ve already paid for the lawyer, researched the classes, researched the interlock, researched the insurance, and been told that you have little-to-no chance anyhow. At that point spending money is the last thing you’re going to want to do.
That’s not to say that a lawyer is useless, I’m glad that I got one, but if you’re expecting to get out of jail free, temper your expectations.
Your lawyer is going to handle the messy stuff - the filing of paperwork, negotiating with the prosecutor, save you trips to court for your hearings, deal with the DMV, etc. It’s a handy thing to have because there’s a large amount of things that you have to do. It’s a hassle. A lawyer takes some of the weight off.
Once your retainer is paid, your lawyer will usually say something like “Don’t worry if you don’t hear from us for a while.” and you won’t hear from them for a while. It’s kind of an odd feeling to give somebody a large amount of money just to be told “see ya!” but in the beginning, there’s not a lot to do.
However, there’s another surprise around the corner - most likely the person you met with, the face on the business card, the person with their name on the door will not be your actual lawyer. When you hire a lawyer you hire them and their team. So you may find confidence with this person, and then be handed off to a person lower down the pecking order. Be sure to read your retainer agreement in full before signing as this is most likely in there. If this happens to you, be sure to look up this new person. I got handed off and was shocked at first. I looked the new lawyer up and found that they were fairly comparable. I had mixed feelings about this and met with the new lawyer as my first plea offer had been given and found them knowledgable, and very similar to the head lawyer, so I came down as being ok with it. If you do not like your new lawyer or trust them - raise all hell to the firm. Additionally, ask about this when consulting with lawyers the first time, had I known this would happen I certainly would have.
First thing your lawyer should do is to schedule your hearing with the DMV. In CA you have 10 days to schedule a hearing with the DMV, otherwise your license gets an automatic suspension for 5 months. If you schedule a hearing, you retain your driving privileges until your hearing, which is incredibly handy. Your lawyer should also be able to file for your suspension to be split into two sections - hard and soft. I’ll explain more on these later, but it’s a preferable scenario.
Supposedly you can do this yourself. There’s a number on your DUI ticket that you can call to arrange this hearing. I’ve been told that it’s a high-volume phone number and that reaching a person on the other end can be difficult. I’ve not tried it myself, but given the DMV is involved, I wouldn’t be surprised. Fortunately, your lawyer has connections and people working for him, so it gets taken care of.
Your lawyer will represent you when the DMV hearing comes. Don’t expect too much, the DMV hearing is as cut-and-dry as any other DMV procedure. There’s no real arguments to the proceeding, no passionate heart-felt speech by your lawyer is going to tug on any heart strings. They basically ask if it was a legal stop, and if you were over the limit. It’s hard for even your lawyer to argue these points. They don’t take special circumstances into consideration, or anything like that. This hearing is done over the phone, so it’s especially hard to defend - they can see the video evidence, you or your attorney can’t. But, if you get a lawyer, they deal with it, they make time in their schedule to take the call, you just hear back later.
Your lawyer can also delay this hearing if you need to put off the suspension. This can work as a double edged sword, though, so be cautious.
Your lawyer will then be pretty quiet until your first hearing date. This can be a frustrating time because you may have a lot of questions about what’s going on, about details, about things far down the road, and you may contact them many times, and your calls and emails will go unanswered. This is, sadly, par for the course. Many other DUI offenders I’ve spoken to who have gotten lawyers shared this frustration. While the lawyer does guide you along the path, they’re not right by your side. They’ve got other clients, sure, but it can be frustrating to just not hear back. Sadly, it’s just the case.
Upon the first hearing date your lawyer will pick up the charging documents in your case, and more often than not, receive your first plea offer. This will be the first time that you see what the arresting officer wrote about your arrest. Do not be surprised if what is written is not what happened. The courts go based off of cops testimony, and it’s not unusual for them to embellish what happened. It’s wrong, it’s sickening, it’s just how it goes, and there’s nothing you can do.
From here, you have a choice - you can take the plea deal, or go to discovery. Going to discovery means that you will actually have the evidence against you. Yes, they do ask you to plead out before you can see what evidence there is. It’s supposed to save time, but it’s kind of a reprehensible practice if you think about it. Going to discovery also carries the threat that the plea deal could be rescinded. This, too, is to discourage any sort of fighting it. If you haven’t felt like you’re being ground up by the gears of big machine before this, you’re certainly feeling it now.
I was a little hesitant to go to discovery, but, in the spirit of wanting to fight, my belief that I was wrongfully pulled over (so naive!) I went for it. Fortunately, my plea didn’t change. I’m told that when they do, it’s either because there was some huge other factor that makes the crime even worse (I have no idea what this could be) or that it’s only slightly modified (think a day or two of community service).
If you decide to plead out you save the court some money, fill out some forms, and become a convicted criminal. It speeds the process up and most likely you’ll have sentencing on the lighter side of things. Your lawyer should be fighting back-and-forth if you have harsher or unreasonable punishments. They should also know the district you’re in and the punishments they typically give. Some are worse than others (don’t drive and drive in Van Nuys).
If you go with discovery, you’ll not hear from your lawyer for a little bit of time, and then get called in to look at the video, and look at the other documents. Your lawyer will look over these documents very carefully, hoping for an error, typo, anything - sometimes there will be tiny mistakes that cause the charge to be invalid, and can be grounds for a dismissal. Before you get your hopes up, remember that cops know about this, and they’re going to be really diligent about making sure that info is correct. Getting off on a typo is about as rare as being struck by lightning.
Then you get to watch the video of you getting arrested. It’s not fun, I was dreading it in the days leading up to it, but it’s not that bad. Most of it, like the field sobriety tests, take place out of view of the camera. You’ll watch it, your lawyer will watch it, and mostly conclude that everything that took place was legal. At this point your lawyer will advise you what to do, and you’ll most likely take the plea.
However, it’s incredibly important to remember that your lawyer cannot make your decisions for you. They are your defender and advisor. If you don’t want to take a plea, they cannot make you. If, for some reason, they want to fight it more and you want to plead out, they cannot make you fight any longer. They work for you. They can give opinions, and should, but they cannot and should not make any beg decisions for you, no matter how much in your best interest it may be.
You should probably listen to your lawyer, but if you want to do something else - that’s your call.
Once you plead, as I did, they take you through what exactly you’re admitting to, what you’re not, etc. Then they slip back into filing paperwork mode for you.
As you can see, it’s a far cry from the ads saying they’re going to work miracles for you. They sell you false hope. That said, they still serve a very important purpose.
Again, my best advice - talk to many lawyers, visit at least two, overeducate yourself, trust your gut, and pick one that best fits you.
It’s not easy, I know. But you can do this.
The DMV Hearing
05/ 02 / 16
Once you have requested the hearing you’re in a weird legal gray zone. Most likely the police confiscated your physical driver’s license upon your arrest. If not, it doesn’t matter, it’s invalid anyhow. Upon your release from either jail or holding, the police should have given you your ticket for DUI and a pink form with the DMV’s logo on it called “Age 21 and older Administrative Per Se Suspension/Revocation Order and Temporary Driver License” - this is now your driver’s license. (Despite the title most people don’t pick up on that fact, I didn’t, but I was still shell shocked). You can drive with this as long as you have a photo ID - this is why you get a passport even if you don’t intend on traveling, it’s good to have a backup ID. If not you can get a state ID, which is handy to have since you will be using your alternate ID for everything, and passports are a hassle to carry around, and can be dangerous if stolen.
What’s important to note about this pink form is that the copy you’re given was made from the impressions of carbon paper. The impressions on the front will fade quickly. It’s worthless if you get pulled over with it and a cop cannot read it. HOWEVER, it is completely legal to drive with a photocopy of this paper (as long as you have a photo ID). You are also allowed to go over the marks in pen. It seems weird that it’s legal, but, it is. You won’t be charged with tampering with the document as long as you do not make any changes whatsoever to it. Remember: they have the master document, if you get busted, they can easily find out. My lawyer provided me with both darkened copies and went over it, just in case.
This temporary license is only valid for 30 days from your arrest, however. Your DMV hearing will be more than 30 days from when you request it, so the DMV will issue you a temporary license. It clearly lays out that your suspension is stayed until your hearing date. Again, you must have a photo ID along with this piece of paper, but then you’re good to go. You can drive anywhere you want, for any reason. However, it’s important to know that you’re on probation until your trial date. This is something that they do not tell you.
Between your arrest and your trial you are on a zero-tolerance for any detectable amount of alcohol in your blood. So, even if you had one beer an hour ago, have been drinking water, if their breathalyzer comes up with a .01 you can get in trouble. Mouthwash, onions, other things can trigger a .01 on a breathalyzer, so be careful. Again - my advice is to get a portable breathalyzer and keep it in your glovebox. If you do get caught with a detectable amount the police can’t give you an additional DUI - that’s a large misconception - but they can suspend your license for a year as a violation of this probation.
In some instances you may have to delay your hearing. This can be done for a number reasons, you’ll still be able to drive in the interim, and you’ll be sent a paper with your new date on there. Technically you do not have to keep this with you as you drive, but I decided to in case I got pulled over - the temporary license says that it’s only valid through the hearing, and it could be all too easy for a cop to think that my story about delaying the hearing was bullshit, so I wanted to have as much documentation as possible. Just put it in the glovebox and forget it. You don’t have to, but I can’t see a reason why you wouldn’t.
Additionally, if you have recently visited the DMV or did after your arrest, you may have a license arrive in the mail. Officially you’re supposed to surrender this license, but the process of how exactly to do that isn’t that clear even from the DMV. The bottom line is, if you get one, don’t get caught with it. Don’t carry it on you, don’t have it in your car. Throw it away, shred it, put it in your files. You will never be asked for any evidence that you surrendered it, but you can be facing some stiff penalties if you present it to a police officer at a traffic stop. Don’t worry about keeping it for when your suspension is up, you will have to visit the DMV and get a new one anyhow.
Your DMV hearing will be over the phone, usually in the mid-day. There’s a checkbox for it to be in person, but I don’t know how you get that, or why you’d want to. It’s important to know that DMV hearing is the most harsh part of this whole thing - there’s no sympathy, it’s as cut-and-dry as a trip to the DMV. You have to have all your documents in order, everything has to be filled out just right, you’ve been through it. This hearing asks two basic questions - 1.) Was the stop a legal stop? 2.) Was the operator intoxicated? That’s it. There’s no arguments, there’s no throwing yourself upon the mercy of the court, that’s all you get.
99% of the time you will be found in violation. Just be prepared for that.
The DMV hearing is going to trust your arresting officer pretty much all of the time, and neither you, nor your lawyer have the evidence against you to argue a point. You don’t have the calibration information, you don’t have the video of your arrest, and even if you did - it’s taking place over the phone. Even the most braggadocios lawyer will tell you that it’s nearly impossible to win this hearing.
As such you’re facing a 5 month suspension of your drivers license - but this can be adjusted. You absolutely must serve 30 days of what’s known as a hard suspension - no driving, for any reason, whatsoever. Tune up the bike, get a pair of comfy walking shoes, learn the route the bus takes, grab an uber, do anything but drive. If you get caught the penalties for driving on a suspended license for DUI are the toughest of all the driving on a suspended license penalties. They take this charge extremely seriously. Some of the people in my DUI classes drove without it. I looked up the penalties - Possible 1 year complete “hard” suspension, 3 years probation, $2000 fine, 10 days in County Jail, and 3 years of the IID. No thank you. No thank you at all. It gets worse if you get into an accident or get another DUI while driving on a suspended license. Just avoid it all together.
Once the 30 days are up you can apply for a restricted license - which will allow you to drive any vehicle equipped with an ignition interlock device (IID) for five months (so it extends the total suspension to six months, but you’re driving). They used to also put a restriction that only allowed you to drive to and from your place of work and/or school, but I didn’t receive any such restriction. I don’t think they’re giving it out as much, as their concerns are not where you go, but what’s in your blood when you’re driving. I wasn’t expecting to not get this restriction, so I asked my lawyer a lot of questions about the work/school restrictions. First of all, if you do get them, it does allow you to go to your DUI program - previously I had read that this wasn’t allowed and that cops would use the classes as a trap, but this isn’t true. Second, the lawyer basically spelled it out to me as this: a cop doesn’t know where you’re coming from, where you’re going, the hours you work, etc. As long as you have a reasonable explanation (work function, meeting, etc.) and don’t have a pile of groceries in the front seat, you should be able to skirt the restriction somewhat. It’s really hard to prove where you were intending to go and for what purpose. This is, of course, a dicey strategy, but it doesn’t seem like your destination is a high priority for the police.
Having gone through the process - this, in my opinion, is the most difficult part. The 30 days without a car and driving with the IID are hassles, and kind of just rubbing your nose in it. It does work as a preventative measure for a repeat offense. I’ve had enough of this, it’s not worth it.
What’s important to note about this pink form is that the copy you’re given was made from the impressions of carbon paper. The impressions on the front will fade quickly. It’s worthless if you get pulled over with it and a cop cannot read it. HOWEVER, it is completely legal to drive with a photocopy of this paper (as long as you have a photo ID). You are also allowed to go over the marks in pen. It seems weird that it’s legal, but, it is. You won’t be charged with tampering with the document as long as you do not make any changes whatsoever to it. Remember: they have the master document, if you get busted, they can easily find out. My lawyer provided me with both darkened copies and went over it, just in case.
This temporary license is only valid for 30 days from your arrest, however. Your DMV hearing will be more than 30 days from when you request it, so the DMV will issue you a temporary license. It clearly lays out that your suspension is stayed until your hearing date. Again, you must have a photo ID along with this piece of paper, but then you’re good to go. You can drive anywhere you want, for any reason. However, it’s important to know that you’re on probation until your trial date. This is something that they do not tell you.
Between your arrest and your trial you are on a zero-tolerance for any detectable amount of alcohol in your blood. So, even if you had one beer an hour ago, have been drinking water, if their breathalyzer comes up with a .01 you can get in trouble. Mouthwash, onions, other things can trigger a .01 on a breathalyzer, so be careful. Again - my advice is to get a portable breathalyzer and keep it in your glovebox. If you do get caught with a detectable amount the police can’t give you an additional DUI - that’s a large misconception - but they can suspend your license for a year as a violation of this probation.
In some instances you may have to delay your hearing. This can be done for a number reasons, you’ll still be able to drive in the interim, and you’ll be sent a paper with your new date on there. Technically you do not have to keep this with you as you drive, but I decided to in case I got pulled over - the temporary license says that it’s only valid through the hearing, and it could be all too easy for a cop to think that my story about delaying the hearing was bullshit, so I wanted to have as much documentation as possible. Just put it in the glovebox and forget it. You don’t have to, but I can’t see a reason why you wouldn’t.
Additionally, if you have recently visited the DMV or did after your arrest, you may have a license arrive in the mail. Officially you’re supposed to surrender this license, but the process of how exactly to do that isn’t that clear even from the DMV. The bottom line is, if you get one, don’t get caught with it. Don’t carry it on you, don’t have it in your car. Throw it away, shred it, put it in your files. You will never be asked for any evidence that you surrendered it, but you can be facing some stiff penalties if you present it to a police officer at a traffic stop. Don’t worry about keeping it for when your suspension is up, you will have to visit the DMV and get a new one anyhow.
Your DMV hearing will be over the phone, usually in the mid-day. There’s a checkbox for it to be in person, but I don’t know how you get that, or why you’d want to. It’s important to know that DMV hearing is the most harsh part of this whole thing - there’s no sympathy, it’s as cut-and-dry as a trip to the DMV. You have to have all your documents in order, everything has to be filled out just right, you’ve been through it. This hearing asks two basic questions - 1.) Was the stop a legal stop? 2.) Was the operator intoxicated? That’s it. There’s no arguments, there’s no throwing yourself upon the mercy of the court, that’s all you get.
99% of the time you will be found in violation. Just be prepared for that.
The DMV hearing is going to trust your arresting officer pretty much all of the time, and neither you, nor your lawyer have the evidence against you to argue a point. You don’t have the calibration information, you don’t have the video of your arrest, and even if you did - it’s taking place over the phone. Even the most braggadocios lawyer will tell you that it’s nearly impossible to win this hearing.
As such you’re facing a 5 month suspension of your drivers license - but this can be adjusted. You absolutely must serve 30 days of what’s known as a hard suspension - no driving, for any reason, whatsoever. Tune up the bike, get a pair of comfy walking shoes, learn the route the bus takes, grab an uber, do anything but drive. If you get caught the penalties for driving on a suspended license for DUI are the toughest of all the driving on a suspended license penalties. They take this charge extremely seriously. Some of the people in my DUI classes drove without it. I looked up the penalties - Possible 1 year complete “hard” suspension, 3 years probation, $2000 fine, 10 days in County Jail, and 3 years of the IID. No thank you. No thank you at all. It gets worse if you get into an accident or get another DUI while driving on a suspended license. Just avoid it all together.
Once the 30 days are up you can apply for a restricted license - which will allow you to drive any vehicle equipped with an ignition interlock device (IID) for five months (so it extends the total suspension to six months, but you’re driving). They used to also put a restriction that only allowed you to drive to and from your place of work and/or school, but I didn’t receive any such restriction. I don’t think they’re giving it out as much, as their concerns are not where you go, but what’s in your blood when you’re driving. I wasn’t expecting to not get this restriction, so I asked my lawyer a lot of questions about the work/school restrictions. First of all, if you do get them, it does allow you to go to your DUI program - previously I had read that this wasn’t allowed and that cops would use the classes as a trap, but this isn’t true. Second, the lawyer basically spelled it out to me as this: a cop doesn’t know where you’re coming from, where you’re going, the hours you work, etc. As long as you have a reasonable explanation (work function, meeting, etc.) and don’t have a pile of groceries in the front seat, you should be able to skirt the restriction somewhat. It’s really hard to prove where you were intending to go and for what purpose. This is, of course, a dicey strategy, but it doesn’t seem like your destination is a high priority for the police.
Having gone through the process - this, in my opinion, is the most difficult part. The 30 days without a car and driving with the IID are hassles, and kind of just rubbing your nose in it. It does work as a preventative measure for a repeat offense. I’ve had enough of this, it’s not worth it.
To Blow, Bleed, Or Say No. - Should I refuse a breathalyzer test or field sobriety test?
05/ 02 / 16
This is complicated, and opinions are all over the place with regards to this topic, so I’ll try to relay as much as I can.
When you get pulled over you are being investigated for a crime, whether one has been committed or not, whether it’s speeding or a DUI. As you learned from fifth grade on under the power of the 5th Amendment you do not have to provide evidence against yourself.
Except you kind of have to.
Technically you can refuse answering any question the police officer asks you outside of identifying yourself. You can refuse the field sobriety test, and the field breathalyzer. These are your rights. However, they cops have legal loopholes around it. If you’ve felt that this whole thing is rigged against you, you’re not too far off.
When you get your drivers license you sign a number of things, check a bunch of boxes without reading them or giving them much thought. It’s the American way. Unfortunately some of those can come back to bite you.
When you get your license you’re giving the state implied consent for them to test your BAC for alcohol. If you refuse to do this, you’re now breaking the law, and you can still get the DUI on top of it. Some states will even use your refusal as evidence that you were intoxicated. Ridiculous.
Refusal laws vary heavily from state-to-state. Texas just suspends your license for 6 months, Utah gives you a court hearing where you have to argue your reasons for refusing and if found to be unreasonable you get an 18-month suspension. Yikes.
In California, where I got mine, the way it works is that you can refuse the field sobriety tests, and the field breathalyzer with no real penalties except to know the cop is absolutely going to be a jerk to you and definitely take you downtown. From here you are given the choice of the station’s breathalyzer, which is a heavily regulated and court-admissible machine, or a blood test, which has to be done by a nurse, so they may take you to a hospital instead. Refuse either of these and you’re faced with a 1-year suspension, possible 96-hour jail sentence, and a 9-month DUI program. Harsh.
The penalties are rough enough to make it a really difficult decision - 1 year without driving, especially in a place as spread out as California would be incredibly difficult. It’s enough to make people take the pragmatic route and say “Well, if I do blow and get a DUI, I’ll be out of a license for 30 days minimum and 5 months maximum…”, which is a really weird place to be in.
Texas and a few other states often have “No Refusal” weekends - where they have a judge or magistrate on call. If you refuse to do your tests, they order a warrant, and force you to submit to these tests. Some cities have this law on the books 24/7. It’s disparaging to see governments willfully take the rights away from people, even if it is the rights of criminals.
Understandably if you are on probation for a DUI, you cannot refuse. I’m a little bit more ok with this since it’s a part of my conviction, and I have been made well aware of the conditions around it. The same goes for if you’re under 21, which I get as well (sorry, kids).
I wasn’t asked which test I wanted to do. I was told once I was at the station that I could do a blood test, but that would mean a lot of travel and was basically given a lot of implications that they’d make it rough for me. Great. They took me into their testing room and had me blow two times, fifteen minutes apart, all while telling me to blow harder (something they’re technically not supposed to do). I blew over and that was it.
In the discovery part of the trial your lawyer will look through the documents that the police give them about the machine - last date of calibration, self-tests, etc. Once upon a time you might have been able to rely on the police letting routine maintenance of this machine to fall through the cracks, but as the machine is a proven money maker for them, I can’t imagine that happens all that often.
If you opt for the blood test the cops will either take you to a hospital or have a nurse-on-staff draw blood from you. They can’t do it themselves, so don’t let them. The blood test is a more accurate test, which can either work for or against you when compared to the breath test. More importantly it provides a sample that can be retested, has lot of human components that would disqualify it in a trial, and things can go wrong. One of the guys in my DUI class claims that they may have forgotten to refrigerate his blood, causing fermentation and a higher BAC result (however he didn’t take his case to trial so it’s all moot, and who knows what the truth may be.)
However, it’s not without it’s problems - if you drank and then immediately began to drive, the time that it took you to get pulled over, taken to the station, then subsequently taken to the hospital may allow your BAC to peak at a much higher reading than the BAC level of when you were driving.
Getting your BAC level back from the lab can take some time, which can lead to 1) a period of a few weeks where you have your pending results hanging over your head, stressing you out at every turn, and 2) a situation where you may have to travel back to the police station to book yourself for this crime.
Some people are just afraid of needles, too.
So, what should you do? Sadly, I can’t answer for you. What’s important is that if you choose to do a test only do one test. That’s all you’re required to do. Often cops will try to mount evidence against you, do not help them in this.
I’ve looked back on my case and gone back and forth on what I should have done. The decision is a lot easier knowing my BAC, but at the time of my arrest, I had no idea. Honestly, I don’t think I could have made the decision at the time. I think I would’ve been incredibly afraid of the one year without driving for refusal. Oddly enough, getting convicted of a DUI has allowed me to drive much more than if I had refused. I felt I didn’t have an option in blowing, but if I went and took the blood test it could have easily risen to .16, where penalties would’ve been much worse than the ones I received. Plus it was more convenient, which sounds stupid and flippant, but in dealing with all of this, especially the police, there’s a large part of you that just wants to get it over so you can go wallow in self-grief.
Sometimes there’s no good options.
If I get pulled over again? Well, having gone through this, let me tell you - I’m doing everything in my power not to let that happen. The Uber bills have been stacking up, and taking the train can be a drag, but it beats the drag that would be on me if I had to go through this. Since I now have a prior, I would be not allowed to drive for two years if I refused. That’s scary. I don’t know that I can do that.
What do lawyers say? In doing my research for this I’ve found that they’re split - some say you should absolutely never take the tests, some say refuse every test you can, the field sobriety test and field breathalyzer, and take the blood test. Some attorneys like the fallibility of the breath test. Some point out that in most cases it won’t matter a lot which test you take.
The classmates of mine that I spoke to who refused tended to regret it, mostly because they were under the impression that by not blowing they thought they could avoid the DUI charge. They could not, and received a long suspension and class because of it.
Again, if you’re out and have had too much to drink, call a cab, even if it means that you’re going to get a ticket on your car the next day. It is all so, so, so, so, so much easier than this. I’ll gladly take a $72 street cleaning ticket than have to make that decision.
When you get pulled over you are being investigated for a crime, whether one has been committed or not, whether it’s speeding or a DUI. As you learned from fifth grade on under the power of the 5th Amendment you do not have to provide evidence against yourself.
Except you kind of have to.
Technically you can refuse answering any question the police officer asks you outside of identifying yourself. You can refuse the field sobriety test, and the field breathalyzer. These are your rights. However, they cops have legal loopholes around it. If you’ve felt that this whole thing is rigged against you, you’re not too far off.
Implied Consent
When you get your drivers license you sign a number of things, check a bunch of boxes without reading them or giving them much thought. It’s the American way. Unfortunately some of those can come back to bite you.
When you get your license you’re giving the state implied consent for them to test your BAC for alcohol. If you refuse to do this, you’re now breaking the law, and you can still get the DUI on top of it. Some states will even use your refusal as evidence that you were intoxicated. Ridiculous.
Refusal laws vary heavily from state-to-state. Texas just suspends your license for 6 months, Utah gives you a court hearing where you have to argue your reasons for refusing and if found to be unreasonable you get an 18-month suspension. Yikes.
In California, where I got mine, the way it works is that you can refuse the field sobriety tests, and the field breathalyzer with no real penalties except to know the cop is absolutely going to be a jerk to you and definitely take you downtown. From here you are given the choice of the station’s breathalyzer, which is a heavily regulated and court-admissible machine, or a blood test, which has to be done by a nurse, so they may take you to a hospital instead. Refuse either of these and you’re faced with a 1-year suspension, possible 96-hour jail sentence, and a 9-month DUI program. Harsh.
The penalties are rough enough to make it a really difficult decision - 1 year without driving, especially in a place as spread out as California would be incredibly difficult. It’s enough to make people take the pragmatic route and say “Well, if I do blow and get a DUI, I’ll be out of a license for 30 days minimum and 5 months maximum…”, which is a really weird place to be in.
Texas and a few other states often have “No Refusal” weekends - where they have a judge or magistrate on call. If you refuse to do your tests, they order a warrant, and force you to submit to these tests. Some cities have this law on the books 24/7. It’s disparaging to see governments willfully take the rights away from people, even if it is the rights of criminals.
Understandably if you are on probation for a DUI, you cannot refuse. I’m a little bit more ok with this since it’s a part of my conviction, and I have been made well aware of the conditions around it. The same goes for if you’re under 21, which I get as well (sorry, kids).
The Breath Test
I wasn’t asked which test I wanted to do. I was told once I was at the station that I could do a blood test, but that would mean a lot of travel and was basically given a lot of implications that they’d make it rough for me. Great. They took me into their testing room and had me blow two times, fifteen minutes apart, all while telling me to blow harder (something they’re technically not supposed to do). I blew over and that was it.
In the discovery part of the trial your lawyer will look through the documents that the police give them about the machine - last date of calibration, self-tests, etc. Once upon a time you might have been able to rely on the police letting routine maintenance of this machine to fall through the cracks, but as the machine is a proven money maker for them, I can’t imagine that happens all that often.
The Blood Test
If you opt for the blood test the cops will either take you to a hospital or have a nurse-on-staff draw blood from you. They can’t do it themselves, so don’t let them. The blood test is a more accurate test, which can either work for or against you when compared to the breath test. More importantly it provides a sample that can be retested, has lot of human components that would disqualify it in a trial, and things can go wrong. One of the guys in my DUI class claims that they may have forgotten to refrigerate his blood, causing fermentation and a higher BAC result (however he didn’t take his case to trial so it’s all moot, and who knows what the truth may be.)
However, it’s not without it’s problems - if you drank and then immediately began to drive, the time that it took you to get pulled over, taken to the station, then subsequently taken to the hospital may allow your BAC to peak at a much higher reading than the BAC level of when you were driving.
Getting your BAC level back from the lab can take some time, which can lead to 1) a period of a few weeks where you have your pending results hanging over your head, stressing you out at every turn, and 2) a situation where you may have to travel back to the police station to book yourself for this crime.
Some people are just afraid of needles, too.
Decisions
So, what should you do? Sadly, I can’t answer for you. What’s important is that if you choose to do a test only do one test. That’s all you’re required to do. Often cops will try to mount evidence against you, do not help them in this.
I’ve looked back on my case and gone back and forth on what I should have done. The decision is a lot easier knowing my BAC, but at the time of my arrest, I had no idea. Honestly, I don’t think I could have made the decision at the time. I think I would’ve been incredibly afraid of the one year without driving for refusal. Oddly enough, getting convicted of a DUI has allowed me to drive much more than if I had refused. I felt I didn’t have an option in blowing, but if I went and took the blood test it could have easily risen to .16, where penalties would’ve been much worse than the ones I received. Plus it was more convenient, which sounds stupid and flippant, but in dealing with all of this, especially the police, there’s a large part of you that just wants to get it over so you can go wallow in self-grief.
Sometimes there’s no good options.
If I get pulled over again? Well, having gone through this, let me tell you - I’m doing everything in my power not to let that happen. The Uber bills have been stacking up, and taking the train can be a drag, but it beats the drag that would be on me if I had to go through this. Since I now have a prior, I would be not allowed to drive for two years if I refused. That’s scary. I don’t know that I can do that.
What do lawyers say? In doing my research for this I’ve found that they’re split - some say you should absolutely never take the tests, some say refuse every test you can, the field sobriety test and field breathalyzer, and take the blood test. Some attorneys like the fallibility of the breath test. Some point out that in most cases it won’t matter a lot which test you take.
The classmates of mine that I spoke to who refused tended to regret it, mostly because they were under the impression that by not blowing they thought they could avoid the DUI charge. They could not, and received a long suspension and class because of it.
Again, if you’re out and have had too much to drink, call a cab, even if it means that you’re going to get a ticket on your car the next day. It is all so, so, so, so, so much easier than this. I’ll gladly take a $72 street cleaning ticket than have to make that decision.
DUI and Fatalities
05/ 01 / 16
I was fortunate in my case that there was no accident, no injuries, and no fatalities. You may not have been so lucky, in which case - again - I’m sorry. I cannot begin to imagine the pain and guilt that’s weighing on yourself, and the grief you’re catching from others. You may be wishing that it was you that died, you may be thinking some dark thoughts. While I cannot condone your actions, I cannot condemn you as a human being for one instance, one mistake.
As I’ve experienced from this whole saga, the person who beat me up the most was me. I got deeply depressed for a while, and I am still crawling out from the grief and sorrow of all of this. You can still live a good and meaningful life. It’s awful this happened, but it doesn’t have to define you for the rest of your life. If you are having dark and troubling thoughts please call: 1 (800) 273-8255
If there’s a fatality involved your case becomes a lot more complicated. It’s more difficult to give a decent idea of what you’re looking at. For this I would say absolutely get a lawyer involved as it’s going to be very difficult to navigate.
From worst to first here’s the various outcomes:
Gulp. Even if you weren’t involved in an accident just seeing that word involved with your case is scary. It’s a reminder to never drink and drive if you can help it at all. Once you’re convicted of your first DUI you have to sign a Watson advisement, which acknowledges that if you kill somebody in your second (or more) DUI then it can be charged as homicide. Just signing the document is scary enough… and it’s something that will stay in the back of your mind as you continue your life. If you’re found guilty the most severe penalties are up to 10 years in prison, $10,000 in fines and a charge of a Felony DUI.
A lot of scary terms here. This one is a little bit more complicated - and you can get this one on your first offense. Basically this means that you were intoxicated and you were acting grossly negligent - and it’s a rather large thing to prove. For instance, this is what you’d be convicted of if you were completely wasted (let’s say .25) and ran through a stoplight at 60 miles per hour and hit somebody who was making a turn through the intersection and killed them. Everything you did was in gross negligence of the law, and everything you did directly lead to the person who died. If you are found to be only ordinarily negligent, you cannot be charged with this. This is heavy lawyer territory. This charge is a felony and you can serve anywhere from 4-16 years in prison, face a $10,000 fine, and be charged with a felony DUI.
There’s two degrees to this charge - Felony and Misdemeanor. Unfortunately, there’s no clear line to say this is where they’ll charge you for one, and this is where they’ll charge you for the other. It depends on how negligent you’re found, your BAC, the amount of people killed, etc. If you just missed being found grossly negligent from above, you’ll most likely find yourself facing the felony version. The felony version can give you up to ten years in prison, a $10,000 fine, and a strike on your record, along with your felony DUI. The misdemeanor version tops out at $1,000 fine, a year in prison, but you can still be charged with a felony DUI instead of a misdemeanor DUI.
As you can see, when lives are taken, the system gets to be incredibly complicated. There’s no solid limits, and everything is up for interpretation. Which, honestly, can be good and bad, depending on your level of representation. At this point, it’s a good idea to get the best lawyer that you can’t afford, max out the credit cards, and pray for the best.
Once again, it’s all not worth it. It’s really not.
As I’ve experienced from this whole saga, the person who beat me up the most was me. I got deeply depressed for a while, and I am still crawling out from the grief and sorrow of all of this. You can still live a good and meaningful life. It’s awful this happened, but it doesn’t have to define you for the rest of your life. If you are having dark and troubling thoughts please call: 1 (800) 273-8255
If there’s a fatality involved your case becomes a lot more complicated. It’s more difficult to give a decent idea of what you’re looking at. For this I would say absolutely get a lawyer involved as it’s going to be very difficult to navigate.
From worst to first here’s the various outcomes:
2nd Degree Homicide
Gulp. Even if you weren’t involved in an accident just seeing that word involved with your case is scary. It’s a reminder to never drink and drive if you can help it at all. Once you’re convicted of your first DUI you have to sign a Watson advisement, which acknowledges that if you kill somebody in your second (or more) DUI then it can be charged as homicide. Just signing the document is scary enough… and it’s something that will stay in the back of your mind as you continue your life. If you’re found guilty the most severe penalties are up to 10 years in prison, $10,000 in fines and a charge of a Felony DUI.
Gross Vehicular Manslaughter While Intoxicated
A lot of scary terms here. This one is a little bit more complicated - and you can get this one on your first offense. Basically this means that you were intoxicated and you were acting grossly negligent - and it’s a rather large thing to prove. For instance, this is what you’d be convicted of if you were completely wasted (let’s say .25) and ran through a stoplight at 60 miles per hour and hit somebody who was making a turn through the intersection and killed them. Everything you did was in gross negligence of the law, and everything you did directly lead to the person who died. If you are found to be only ordinarily negligent, you cannot be charged with this. This is heavy lawyer territory. This charge is a felony and you can serve anywhere from 4-16 years in prison, face a $10,000 fine, and be charged with a felony DUI.
Vehicular Manslaughter While Intoxicated
There’s two degrees to this charge - Felony and Misdemeanor. Unfortunately, there’s no clear line to say this is where they’ll charge you for one, and this is where they’ll charge you for the other. It depends on how negligent you’re found, your BAC, the amount of people killed, etc. If you just missed being found grossly negligent from above, you’ll most likely find yourself facing the felony version. The felony version can give you up to ten years in prison, a $10,000 fine, and a strike on your record, along with your felony DUI. The misdemeanor version tops out at $1,000 fine, a year in prison, but you can still be charged with a felony DUI instead of a misdemeanor DUI.
As you can see, when lives are taken, the system gets to be incredibly complicated. There’s no solid limits, and everything is up for interpretation. Which, honestly, can be good and bad, depending on your level of representation. At this point, it’s a good idea to get the best lawyer that you can’t afford, max out the credit cards, and pray for the best.
Once again, it’s all not worth it. It’s really not.
What about a Public Defender?
05/ 01 / 16
In the United States, we have the right to a legal defense whether we can afford one or not. Kinda. The public defender system exists in the hopes of providing everybody with a shot at defending themselves in their legal matters, but it’s a woefully bad system.
You know the whole “if you cannot afford an attorney one will be provided for you”? bit of the miranda rights? The definition of being able to afford one if very narrow, and often you won’t be able to qualify. You have to be able to prove that you cannot afford a private attorney, and what qualifies as being unable is very narrow. It is incredibly easy to not be able to afford a lawyer, and making too much to qualify to receive a public defender. If you’re trapped in this “donut hole” I can only offer you my deepest sympathies.
There’s no clear cut threshold of what qualifies or doesn’t. I was given a rough outline once and completely dismissed the thought - and I was not making a lot of money at all.
As for the quality of the public defenders - this is a mixed bag. Some attorneys find they have a duty to give back, and volunteer their time with the public defenders office. These lawyers are exceptionally rare.
Most of the time public defenders are overworked lawyers just trying to make it to the end of the day. They have little time for your case, and little time for you. A private lawyer may not answer all of your emails or calls, but many they will, they will have an exponential amount of time for you.
It’s a terribly broken system. One so bad, that it gets a Jon Oliver clip:
You know the whole “if you cannot afford an attorney one will be provided for you”? bit of the miranda rights? The definition of being able to afford one if very narrow, and often you won’t be able to qualify. You have to be able to prove that you cannot afford a private attorney, and what qualifies as being unable is very narrow. It is incredibly easy to not be able to afford a lawyer, and making too much to qualify to receive a public defender. If you’re trapped in this “donut hole” I can only offer you my deepest sympathies.
There’s no clear cut threshold of what qualifies or doesn’t. I was given a rough outline once and completely dismissed the thought - and I was not making a lot of money at all.
As for the quality of the public defenders - this is a mixed bag. Some attorneys find they have a duty to give back, and volunteer their time with the public defenders office. These lawyers are exceptionally rare.
Most of the time public defenders are overworked lawyers just trying to make it to the end of the day. They have little time for your case, and little time for you. A private lawyer may not answer all of your emails or calls, but many they will, they will have an exponential amount of time for you.
It’s a terribly broken system. One so bad, that it gets a Jon Oliver clip:
Hiring A Lawyer
05/ 01 / 16
Having called many lawyers, visited a few, and agonizing over the decision, I was ready to hire a lawyer. It’s an important milestone in the process because it’s the first time where you decide to put up a defense - as feeble as it may be.
Even if you are completely guilty, you need to defend yourself. Even if you have no priors, you need to defend yourself. The legal system is tricky, there’s so many opinions that come into play, even in what should be a clear cut case, you need to defend yourself.
I naively believed that I could beat my case, so I hired a punchy lawyer. Based on what I knew then, it was the right choice for me at the time. Now, now I believe I could have saved myself some money, but not a lot.
Could I afford the lawyer? Not really. But I didn’t feel that I had much of an option. The legal system is scary. I wasn’t afraid that they’d lock me up for life, but I was worried abut all the different options that could happen to me. A public defender didn’t seem to be an option, and I certainly couldn’t go for it myself.
So, I made my pick, and told him my financial circumstances, and he worked with me. I didn’t expect this, but if you want, you can just put your lawyer services on a credit card. It’s not the most financially sound option (I think, I’m not great at that stuff), but it’s there. Most will also take payments - either monthly or quarterly. So, now for 18 months, I pay a bit of my legal fees off. The way things worked out, it’s not the huge drain I thought it would be. Have to tighten up the belt a bit, for sure, but, it wasn’t as bad as I imagined it would have been, nor as bad as I thought when the numbers came sliding across my lawyer’s desk.
I feel the sting from it, absolutely, but, it’s manageable. I’m greatly looking forward to the day I make the last payment, but, I can handle this.
Even in spite of me wrongly believing I could fight this, hiring the lawyer made me feel safe. I felt that I would be in a better position than otherwise, and for once I felt like I had somebody on my side. The whole world wasn’t against me - I’ve got my lawyer on my side!
I can’t say what’s right for you, or your situation. When it came down to it, I felt better safe than sorry. If I need money somewhere down the line, there’s always more options, working a second job, loans, etc. I wouldn’t have a second chance at this - there’s always more chances to make money.
The best way I can put it is the entire DUI process feels like you’re a kid on the playground and you’re just getting slapped around. There’s this process, and this fee, and this hurdle, and it all comes at you at once. Your lawyer is the big kid who says, “Hey, you can only slap him this many times, and you have to take turns”.
So, a little better.
Even if you are completely guilty, you need to defend yourself. Even if you have no priors, you need to defend yourself. The legal system is tricky, there’s so many opinions that come into play, even in what should be a clear cut case, you need to defend yourself.
I naively believed that I could beat my case, so I hired a punchy lawyer. Based on what I knew then, it was the right choice for me at the time. Now, now I believe I could have saved myself some money, but not a lot.
Could I afford the lawyer? Not really. But I didn’t feel that I had much of an option. The legal system is scary. I wasn’t afraid that they’d lock me up for life, but I was worried abut all the different options that could happen to me. A public defender didn’t seem to be an option, and I certainly couldn’t go for it myself.
So, I made my pick, and told him my financial circumstances, and he worked with me. I didn’t expect this, but if you want, you can just put your lawyer services on a credit card. It’s not the most financially sound option (I think, I’m not great at that stuff), but it’s there. Most will also take payments - either monthly or quarterly. So, now for 18 months, I pay a bit of my legal fees off. The way things worked out, it’s not the huge drain I thought it would be. Have to tighten up the belt a bit, for sure, but, it wasn’t as bad as I imagined it would have been, nor as bad as I thought when the numbers came sliding across my lawyer’s desk.
I feel the sting from it, absolutely, but, it’s manageable. I’m greatly looking forward to the day I make the last payment, but, I can handle this.
Even in spite of me wrongly believing I could fight this, hiring the lawyer made me feel safe. I felt that I would be in a better position than otherwise, and for once I felt like I had somebody on my side. The whole world wasn’t against me - I’ve got my lawyer on my side!
I can’t say what’s right for you, or your situation. When it came down to it, I felt better safe than sorry. If I need money somewhere down the line, there’s always more options, working a second job, loans, etc. I wouldn’t have a second chance at this - there’s always more chances to make money.
The best way I can put it is the entire DUI process feels like you’re a kid on the playground and you’re just getting slapped around. There’s this process, and this fee, and this hurdle, and it all comes at you at once. Your lawyer is the big kid who says, “Hey, you can only slap him this many times, and you have to take turns”.
So, a little better.
I Wasn’t Read My Miranda Rights At My DUI Arrest
05/ 01 / 16
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you?”
If you’ve seen any TV show or movie you’ve heard the Miranda rights read countless times. You’ve probably seen a TV suspect go free because some rookie cop forgot to read the perp his rights, only to have them get out of jail scott-free and kill again. Hey! You didn’t have your miranda rights read, maybe you can get out of this whole thing?
Wrong.
I didn’t have my rights read to me when they put me in the back of the cruiser. I didn’t think much of it at the time, but when talking to my lawyer about the case, I remember it, hoping that it would make everything go away. Unfortunately, it doesn’t matter in this case.
The Miranda rights are to protect you while you’re in police custody and being interrogated. Doesn’t happen much in DUI cases. You willingly gave them most of the evidence against you at your traffic stop - before you were in custody. No Miranda rights needed there.
The only way it could serve you is if they did take you into a room and interrogate you. I’m stretching to imagine a scenario where that would be relevant. It’s not important where the vodka tonic came from, just that it was in your blood when you were driving.
So, yeah. Don’t worry about it.
I don’t know if getting read them would’ve been cool, or just made me feel worse, like I was a real criminal. Probably the latter.
If you’ve seen any TV show or movie you’ve heard the Miranda rights read countless times. You’ve probably seen a TV suspect go free because some rookie cop forgot to read the perp his rights, only to have them get out of jail scott-free and kill again. Hey! You didn’t have your miranda rights read, maybe you can get out of this whole thing?
Wrong.
I didn’t have my rights read to me when they put me in the back of the cruiser. I didn’t think much of it at the time, but when talking to my lawyer about the case, I remember it, hoping that it would make everything go away. Unfortunately, it doesn’t matter in this case.
The Miranda rights are to protect you while you’re in police custody and being interrogated. Doesn’t happen much in DUI cases. You willingly gave them most of the evidence against you at your traffic stop - before you were in custody. No Miranda rights needed there.
The only way it could serve you is if they did take you into a room and interrogate you. I’m stretching to imagine a scenario where that would be relevant. It’s not important where the vodka tonic came from, just that it was in your blood when you were driving.
So, yeah. Don’t worry about it.
I don’t know if getting read them would’ve been cool, or just made me feel worse, like I was a real criminal. Probably the latter.