DUI Defense Frequently Asked Questions 

The requirement for an Ignition Interlock Device (IID) depends on various factors such as the specifics of your case and the jurisdiction of your offense. For instance, in Los Angeles County, a first offense may result in an IID being ordered. In some other counties, an IID may be required if your blood alcohol content (BAC) is .15 percent or higher for a first offense. For subsequent DUI offenses, installation of IIDs is typically mandated by the court.

Absolutely. In California, failing to take action will result in your license being suspended 30 days after your arrest. However, if you reach out to us within 10 days of your arrest, we will promptly communicate with the DMV and request a freeze on any actions affecting your license until you have been afforded your right to due process and an administrative hearing.

In every DUI case, hiring a legal representative can help you avoid harsh penalties (assuming you seek help immediately) by helping you contest a license suspension with the state’s Department of Motor Vehicles.

Act promptly to allow for ample time to construct your defense and vigorously combat your charges. Delaying may diminish the opportunity to fully prepare your defense case and protect your rights.

There are multiple avenues to challenge DUI charges – but you really need a skilled attorney on your side! Halley is that and more. If you were arrested based on a failed field sobriety test, you may have grounds to demonstrate that factors such as medication, fatigue, or intimidation, and not alcohol, influenced your performance. Additionally, it is possible that the arresting officer did not administer the tests accurately, which could potentially invalidate their results under courtroom scrutiny. Breathalyzers are sensitive instruments, and improper usage and/or lack of calibration procedures by the officer could also be a basis for challenging the results.

Following a traffic stop, an officer may conduct a series of tests to evaluate your motor skills, attention, and concentration. The National Highway Traffic Safety Administration (“NHTSA”) utilizes standardized tests, including the Horizontal Gaze Nystagmus (“HGN”), the Walk-and-Turn test, and the One-Leg Stand test. Failing any of these assessments could lead to an arrest; nevertheless, there are various factors that could potentially challenge the validity of these test results and result in dismissal of charges.

Blood alcohol concentration (“BAC”), also referred to as blood alcohol content, is the ratio of alcohol in your bloodstream. When you consume alcohol, it rapidly enters your bloodstream and undergoes multiple cycles before it is fully processed by your liver.

Breath and blood tests are commonly employed to measure the alcohol percentage in your blood by volume. Note that the legal BAC limit in California and Florida is .08 percent.

In general, there are two primary circumstances under which an officer can make a lawful DUI arrest. The first is when a suspect fails any of the field sobriety tests, which is considered sufficient grounds for arresting them for intoxicated driving.

The second is if a suspect fails a breath or blood test, where the legal BAC limit to operate a vehicle in California and Florida is .08 percent. If a person’s BAC exceeds this threshold, they can be arrested for DUI.

Law enforcement officers have the authority to initiate a traffic stop if they observe any signs of intoxication or detect a violation of vehicle codes for which a citation may be issued. This includes minor infractions such as tinted windows, driving in the carpool lane, failure to stay in your own lane, expired tags, or cellphone usage. Any violation that could result in a ticket provides sufficient grounds for a lawful stop by an officer.