Frequently Asked Questions !

Disclaimer

*Not certified by the California State Bar Board of Legal Specialization

Attorney Kenneth Randolph "Randy" Moore is not a Certified Criminal Law Specialist by the California State Bar or any other State Bar Association. No claim is made of Criminal law specialist certification. It is not intended that the reference as a DUI or Drunk Driving Law Specialist in any way means that Mr. Moore has received Criminal law specialist certification from the California State Bar. Mr. Moore is not a "Criminal Law Specialist". The DUI Specialist designation encompasses both civil DMV drivers license aspects of the offense as well as the criminal defense aspects which may be involved. The State Bar of California provides for a program of certification for qualified, tested and approved applicants in specific areas of law including Criminal Law. The California State Bar does not provide for Specialist Certification in the specific area of DUI, drunk driving, or driving under the influence defense.
The term DUI Specialist California Specialist is a designation conferred upon Mr. Moore by The California Deuce Defenders, DUI Specialist member California Deuce Defenders The Minnesota Society For Criminal Justice, and otherwise is not intended to imply more than the common understanding (i.e. dictionary definition) attributed to the use of the word specialist. An individual that is devoted to a particular occupation or branch of study or research, or one who devotes himself to some specialty of his profession is commonly referred to as a specialist. The Certification of DUI or Drunk Driving Specialist by the California Deuce Defenders and The Minnesota Society For Criminal Justice along with the DUI instructors certification Certified DUI Instructor presented by The National College For DUI Defense Graduate DUI College, should be examined by anyone concerned about the significance which such Certification merits and should not be confused with any other certification, such as that available under the California State Bar's certification program for Criminal Law Specialist.

Disclaimer This web site provides only general information intended for those charged with drunk driving offenses. The contents of this web site, its links, and its questions and answers do not constitute legal advice. The information provided herein cannot substitute for consulting with an attorney who is knowledgeable and proficient in drunk driving laws in the state where your arrest occurred.The information contained herein is general in nature and is not intended to indicate what the results will be in your DUI case. Any examples of client cases and results discussed on this web site are not a guarantee of the outcome in your case. All criminal cases are unique, and favorable factors in one case or one jurisdiction may not apply or be available in another case or jurisdiction.We attempt to keep the information on this web site current but we do not promise or guarantee that the information is correct, complete, or up-to-date. This site lists various hypertext links to other Internet sites. However, such informational links should not be interpreted as an endorsement or recommendation of the linked sites’ information, products, services or data. You should not rely on this information without seeking the advice of a licensed attorney in your state.The use of this web site or interacting with any affiliated or non affiliated attorney's office by e-mail (or a questionnaire) does not create an attorney-client relationship between the user and that attorney or members of the Law Firm.The laws of other states and nations may be entirely different from what is described in any web site linked herein. DUI laws are state-specific, as are rules about license suspensions and revocations.

FAQ:

I've just been arrested for DUI. What happens now? see the arrest for info from the California DMV, The California Vehicle Code Violations, and California DUI Law

What are the 10 biggest mistakes most people make after being arrested for DUI? see the arrest for info

How Getting Arrested for a DUI Affects Your Driving Privilege <<< click here

Question 1: I got pulled over and cited for 23152, Driving under the influence, am I going lose my license?

Answer: If you do not request a hearing with the DMV within 10 Days, your license will be suspended.

See the following link for more details:

Ten important facts regarding your Driver's License

How Getting Arrested for a DUI Affects Your Driving Privilege

Question 2: This is my first DUI, what kind of penalties am I looking at if I am convicted?

Answer: You will be fined, with penalties and assessments, well over $1000 in fines and costs, and you may be required to serve 48 hours to 6 months in "jail", usually on a weekend work program, with 3 to 5 years probation and a First Offender Drinking Driver program. The DMV Admin per Se suspension period is 4 months unless suspension is avoided at the hearing or alternatively a 1 month actual suspension with a 4 month restricted license and attendance in the FOP. DUI programs or "so called "first offender programs" for those convicted of drunk driving and "wet reckless" Searchable by County http://www.dui-help.com/fopnumbers.html

There is more..... See the following link for details about Penalties and Punishment:
WHAT YOU ARE LOOKING AT

Question 3: I have a prior conviction for Driving under the influence....should I be worried about harsher penalties?

Answer: If you are arrested on a second offense, you will have to pay essentially the same fines. However, the time you spend in jail or the weekend work program, or work furlough, may increase to 10 days to a 1 year maximum. Even with probation the minimum is ten days. Also, you may lose your license for up to 18 months. However this is usually avoided in the criminal Court with attendance in a Multiple Offender Drinking Driver program. A judge may require attendance for over a year in a MOP and additionally alcohol treatment programs or Alcoholics Anonymous. On a second conviction, the courts may order an ignition interlock device for your car.

There is more..... See the following link for details about Penalties and Punishment:
WHAT YOUR LOOKING AT

Question 4: Can they take my car if I am convicted for driving under the influence?

Answer: For a first or a second DUI conviction, your car can be impounded for a period of up to 30 days at your expense. If there is a third conviction in seven years, your car can be impounded for 1 to 90 days. If you have two or more previous convictions within seven years, the court can order your car sold. On first offenses car impound is routinely avoided.

How alcohol levels BAC are calculated
http://www.nhtsa.dot.gov/people/injury/alcohol/bacreport.html

California DMV - Alcohol Impairment Charts - chart your weight and the total number of drinks and compare that to the time elapsed. http://www.dmv.ca.gov/pubs/hdbk/pgs69duichart.htm

Breath tests are not infallible. In fact, most people would be shocked to learn of the numerous defects and deficiencies inherent in using breath tests to accurately report an individuals true/real BAC. A police officers failure to conduct a proper 15 minute observation before the test can be crucial; it is required by law, the manufacturer of the breath machine, and good science. Machine errors and operator errors do exist, and when discovered can have a tremendous impact in fighting a DUI conviction. breath tests can be challenged.

Breath tests are dangerously false if used on anyone suffering from Reflux, or GERD, or indigestion, or "heartburn" Scientific Defense should be explored in all these situations:
MEDLINEplus Gastroesophageal Reflux-Hiatal Hernia

Certified DUI Breath Test Expert :Attorney Randy Moore Certified breath expert

Blood testing for "BAC" or blood alcohol concentration is usually the most damning evidence that an individual accused of DUI will face. In California it is used to support a separate DUI offense for BAC above .08 %. Blood testing is considered the most accurate test.
However, challenges to accuracy are available and if successful may result in dismissal of the DUI charge, reduction to a less serious offense, or winning against a license suspension. Mr. Moore employs the use of extensive discovery from the crime laboratory. Gas chromatograph calibration, maintenance, and repair records can reveal startling problems which violate scientific standards and state law requirements

Standardized Field Sobriety Testing
The Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest.

The three tests of the SFST are:

the horizontal gaze nystagmus (HGN)

the walk-and-turn

the one-leg stand.

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