Driving Under The Influence

DUI/DWI Overview

The Marquart Law Group understands that to err is human. No one wants to be pulled over for a DUI or DWI but, often times, an error in judgment could have costly consequences, from monetary fines, mandatory attendance at DUI/DWI programs, license suspension or jail time. We believe that everyone deserves zealous representation and fair treatment, both in the criminal and administrative areas. That is why the experienced DUI/DWI attorneys at The Marquart Law Group are here to help you through the DUI/DWI labyrinth and to make sure you find the light at the end of the tunnel.

Things You Need To Know

:: DUI and the Criminal Courts
:: DMV Hearings


Few states have more stringent laws regarding driving while under the influence/intoxicated than California. If you find yourself in the unfortunate position of being pulled over or arrested for a DUI/DWI violation, here are a few things you should know:
  • In California, you are considered intoxicated if your Blood Alcohol Level (also referred to as "BAC") is 0.08% or higher. If you are operating a motor vehicle, while having a BAC of 0.08% or higher you may be arrested for DUI/DWI.
  • If you are pulled over, the Officer will likely ask you to submit to standardized "Field Sobriety Tests" and he may also ask that you submit to a breathalyzer. The Officer uses these tools to make a cursory determination as to your level of intoxication. You may also be asked investigatory questions regarding your drinking location, how many drinks you've had, etc. Generally, this type of questioning is allowed UNLESS the Officer has placed you under arrest PRIOR to asking the questions. If that is the case, and you are under arrest, the Officer must read you your Miranda Rights before proceeding with his interrogation.
  • Most Officers do not inform you that the Field Sobriety Tests and the breathalyzer are voluntary, however, refusal to submit to the exams may result in harsher penalties when appearing before the DMV including, but not limited to a one (1) year suspension of your license.
  • If the Officer determines that you were operating a motor vehicle, while having a BAC of 0.08% or higher you will likely be arrested for DUI/DWI. Your driver's license will be confiscated and you will be taken to jail.
  • Upon your release from jail, you will be provided with a pink slip titled "Suspension Order and Temporary License," to be used in lieu of your driver's license. The temporary license is only valid for a limited time frame. Upon release, you will also be provided with a Notice to Appear in Criminal Court on a specified date and time.
  • You MUST contact the DMV within 10 days of the date of your arrest and request a DMV Hearing. FAILURE TO DO SO WILL RESULT IN AN AUTOMATIC LICENSE SUSPENSION. At the time you request the DMV Hearing, you should also request a "Stay" of suspension pending the outcome of your hearing. Note that the DMV Hearing is separate and distinct from your criminal case.
Contact the experienced attorneys at The Marquart Law Group to discuss whether your rights have been violated and to ensure that your rights will be protected at the DMV and Criminal Court levels.