Memorial Day Weekend is almost here. Despite the shutdowns in effect throughout California, parties, events and small gatherings are likely to happen. Memorial Day Weekend has historically been one of the most dangerous due to instances of alcohol or drug use, and this year is likely to be no different.
DUIs and alcohol or drug-related charges increase during holiday weekends. If the police arrest you during the Memorial Day Weekend, then it is important to understand the possible consequences. Below, our San Jose criminal defense lawyer explains what to know if police arrest you over the holiday weekend.
What are the Consequences of a DUI in California?
The consequences of a DUI in California depend on the circumstances and whether you receive a conviction. You could receive a misdemeanor or a felony. Multiple factors could determine the charges, such as whether minors were present in the vehicle or whether an accident occurs and there are injuries or deaths.
Repeat DUIs can also come with severe potential consequences. If this is not your first DUI in California, then you could face steep consequences if you receive a conviction. In either case, we encourage you to contact our San Jose criminal defense attorney if you receive DUI charges over the holiday weekend.
What Should I Do if I am Arrested for a DUI in California?
Talking to the police while in custody is never a good idea. Prosecutors could use what you say against you to file charges and pursue a conviction. You should ask for an attorney. The less evidence prosecutors have to use against you, the better the potential outcome of your case. Let your attorney do the talking.
How Do California Alcohol and Drug Laws Apply to Minors?
If you have a BAC of 0.05% and are under 21 years old, then you could face consequences. You could face penalties that include points off your license, court-mandated DUI program attendance and fines. Jail time and probation are possible consequences if your BAC is 0.08% or greater.
California has a Zero Tolerance Law that applies to minors caught driving under the influence. You could face penalties under this law for having any detectable amount of alcohol in your system. Refusing to take a preliminary alcohol screening test (PAS test) could also lead to penalties, such as license suspension.
California laws also penalize minors for being in possession of alcohol in a public place. Consequences could include license suspension, fines and community service.
Can Police Arrest Me for Driving While High in California?
While marijuana is legal in California, you could still face an arrest for driving under the influence. The consequences of a marijuana DUI are similar to the consequences of a DUI involving alcohol. However, there are generally more opportunities to establish a strong defense if you receive a marijuana DUI charge.
Can I Refuse a Roadside Sobriety Test in California?
Depending on the circumstances, such as if you are a minor, you may face penalties for refusing a PAS test. The same is true if you are on probation for a prior DUI offense.
However, there is no legal requirement to perform standardized roadside sobriety tests. These are the types of tests you have most likely seen on TV shows like Cops, where a defendant is placed under arrest for refusing to walk in a straight line or follow an officer’s pen or finger with their eyes.
Previous blogs covered standardized roadside sobriety tests in more detail and what your options are if confronted with one during a DUI stop in California.
Do I Need a San Jose Criminal Defense Lawyer for a Memorial Day Arrest?
You should strongly consider hiring a San Jose criminal defense lawyer if police arrest you on Memorial Day. A California DUI conviction can have steep consequences. In addition to fines and license suspension, you could face jail time and professional consequences.
An attorney can advise you on how to give your case the best chance of succeeding. Additionally, an attorney can establish an effective defense. You should not risk your future. Hire an attorney with experience handling DUI and drug-related cases.
About Our San Jose Criminal Defense Lawyer
Nick Cvietkovich is an experienced San Jose criminal defense attorney who can help if you or a loved one were arrested during the Memorial Day Weekend. For a free initial consultation with us, you can call (408) 898-9653 or use the contact form on our site.
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