DUI FAQs

When those flashing lights go on behind you, it can lead to a series of events that leave you looking for answers.

At Fisher Law Office, in San Luis Obispo, our experienced DUI defense attorneys stand ready to fight for you. We want to talk with you about your case. Schedule a no-cost meeting with us.

Will I have to go to jail?

If you are being charged with DUI, odds are you've already been arrested and spent some amount of time in jail. However, if you don't have an experienced attorney to fight for you, you could lost your case and be required to serve more time in jail.

We have a proven track record of helping our DUI clients avoid additional jail time. You need to stay out of jail so you don't lose your job, housing, and so your life doesn't unravel. We are determined to fight for you.

Will my driver's license be suspended?

If you are younger than 21, and the district attorney proves you had a blood-alcohol content of 0.01 percent or more, your license can be suspended for a year.

Depending on the circumstances, you can also be penalized for refusing a test.

If you are 21 or over, a first offense could lead to a 4-month license suspension. A second offense can bump that up to a year.

Can you be penalized for breath test refusal?

Generally law enforcement officers need a search warrant before they search you. The U.S. Supreme Court reaffirmed this core principle a year ago, ruling that the state is not allowed to punish someone for refusing a warrantless blood test.

Breath tests, however, are another matter. The courts do not view breathalyzer tests as intrusive in the same way as blood tests. You could lose your license for a longer period of time, or go to jail longer, for refusing a breath test.

What is a DMV hearing?

A DMV hearing is a hearing within the California Department of Motor Vehicles about your driving privileges.

It is separate from any criminal charge you may face for DUI. If you lose the DUI hearing, your license will be suspended.

What is a "Wet Reckless"?

A "wet reckless" is a charge reduction that is commonly used in impaired-driving cases in California.

It is based on a different section of the Vehicle Code from DUI. Technically, the offense is reckless driving, with a penalty enhancement for the presence of alcohol.

There are several advantages of a wet reckless over a DUI. A Wet Reckless does not require jail time, the fine is half that of a DUI fine, the Wet Reckless Program is cheaper than the DUI Program, and a Wet Reckless does not trigger a license suspension from the DMV.

Take Action

Call today to schedule a free meeting. We want to talk about your case. You can also complete our brief online form to begin to tell us about your situation.