DUI FAQs

The Encino law office of Mark Daniel Melnick, Attorney at Law, is pleased to provide the following answers to questions frequently encountered in our criminal defense law practice. We defend people charged with Driving Under the Influence (DUI) in Los Angeles and the surrounding areas, from Orange County to the Santa Clarita Valley and Ventura County. If you have other questions, see our general page on DUI. If you have been arrested for DUI, contact Mark Daniel Melnick, Attorney at Law, as soon as possible to protect your important legal rights.

Q. What is the legal limit for DUI?

A. If your blood alcohol content (BAC) is .08% or higher, then you are considered to be Driving Under the Influence and are subject to arrest. Keep in mind, however, that even if your BAC is less than .08%, you can still be arrested for DUI if the police observe signs that your driving is impaired, such as if you are weaving in and out of traffic, and the police find further evidence that you have been drinking. Also, if you are under 21, you can be arrested for DUI if you register any amount of alcohol in your bloodstream.

Q. Can I refuse to take a breath test?

A. Simply by driving on California roads, you have by law given your implied consent to submit to a chemical test when required by a police officer. This test may be a blood or breath test, or a urine test in certain circumstances. However, you do not have to perform any field sobriety tests (FSTs) nor do you have to agree to a breath test on a portable alcohol screening device (PAS) in the field. If you refuse to take a test when required (usually at the station), your driver's license will be suspended for one year on a first offense, two years if this is your second offense, or up to three years for a third or subsequent offense. Also, your refusal to take a test may be used as evidence against you in court.

Q. Will I lose my license?

A. Your license will be taken by the police at the time of your arrest, and an order to suspend your license will be issued. For a first-time offense, your license will be suspended for four months. If this is your second or subsequent offense within ten years, it will be suspended for one year. This suspension is done through an administrative proceeding at the Department of Motor Vehicles (DMV) which is wholly separate from any criminal proceeding in court, where you may be fined, jailed, or subject to other penalties if convicted of DUI.

You may be able to contest the suspension of your license at a DMV hearing, but the timeframe to request a hearing is very short. Contact an attorney as soon as possible after your arrest to be sure you do not miss the deadline to fight your suspension at the DMV.