Ask A Lawyer Podcast

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Ask A Lawyer Podcast

Meeting Purpose

Interview with DUI defense attorney Chris McCann for “Ask a Lawyer” podcast

Key Takeaways

  • DUI defense is highly specialized, requiring expertise in science/testing and local procedures
  • First-time DUI penalties in CA: 3 years probation, fines ~$2100, 30-hr program, 6-month license suspension
  • Repeat DUI offenders face harsher penalties: 5 years probation, jail time, 18-month program, longer suspension
  • Drug DUIs increasing; harder to prove impairment vs. per se alcohol limits
  • Immigration consequences of DUIs uncertain but likely to become more severe

Topics

Qualities to Look for in a DUI Lawyer

  • Experience specifically in DUI cases, not just general criminal defense
  • Membership in DUI defense organizations; attends specialized training/seminars
  • Familiarity with local courts, judges, prosecutors
  • Knowledge of scientific aspects (breath/blood testing, etc.)

First-Time DUI Arrest Rights & Best Practices

  • Invoke right to remain silent; don’t answer questions without lawyer
  • Refuse field sobriety tests – they’re optional and don’t prove impairment
  • Preliminary alcohol screening (PAS) breath test is voluntary for those 21+
  • Post-arrest chemical test (blood/breath) required or face license suspension

DUI Penalties in California

  • First offense: 3 years informal probation, ~$2100 fine, 30-hour program, 6-month license suspension
  • Repeat offense: 5 years probation, 96+ hours jail, $2100 fine, 18-month program, 1-2 year license suspension
  • Ignition interlock device may be required
  • Higher BAC levels (.15+, .20+) can increase program length/suspension time

Discovery in DUI Cases

  • Police reports, videos (body cam, dash cam), breath/blood test records
  • Maintenance logs for testing devices
  • Use DMV hearings to subpoena evidence faster than through criminal courts
  • Fight protective orders to ensure full access to evidence

Drug DUIs

  • Increasing focus by law enforcement
  • Harder to prove impairment vs. per se alcohol limits
  • Issues with THC per se limits in some states

Immigration Consequences

  • Highly dependent on individual’s status
  • Legislation proposed to make any DUI deportable offense for non-citizens

Changing rapidly; consult immigration attorney

Practice Areas

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