Driving under the influence (DUI) is the standard charge of driving under the influence of alcohol, drugs or marijuana in California. To be convicted of a DUI in Napa, your blood alcohol content must be at or above the legal limit, you have an illegal chemical substance in your system, or your driving abilities are otherwise impaired.

In California, there are many arrests made daily for intoxicated driving. Many of those people arrested are often people like you and me: law-abiding citizens. At Thurlow & Thurlow, our DUI defense lawyers work hard to help you beat a DUI charge or to, at a minimum, get the best possible outcome in your unique situation. Contact us at 707-965-9424 (or text us at 707-328-7902) to learn more about how we will help you. In the meantime, below are some of the most commonly asked questions we get from our clients when we first discuss with them the criminal charges they are facing.

I just got arrested for a DUI in Napa. What do I need to do?

A police agency (like the Napa Police Department or the California Highway Patrol) take away your driver's license and they give you a date to appear in court. Sometimes you have to pay a bail bond to get out of jail. Realize this: whether you know it or not, you now have TWO cases against you: one case is going on in the California Department of Motor Vehicles (DMV), where the validity of your driver's license is at stake; the second case against you is the court case, where you risk fines, jail time and also the possibility of a suspended California driver's license. For the most part, these two cases only overlap when it comes to your California driver's license.

Remember, with the 10-day deadline, the DMV counts the day of your arrest as Day One, so you really only have nine days after your arrest to send the notice to the DMV. We suggest that the very first thing you should do is get an attorney to make a request to the DMV that stays actions on your driver's license, and to schedule an administrative hearing on the status of your driver's license. This will keep your driver's license from being automatically suspended, until an administrative hearing is held. The DMV counts the day of your arrest as Day One, so you really only have nine days after your arrest to send the notice to the DMV.

You should hire an attorney to handle not only the DMV notice and hearing but also the court case. Before we go to court on your DUI case, we at Thurlow & Thurlow ask our clients to write two brief statements for us: a summary of all the events that led to your DUI arrest, and a brief autobiography of who you are, your history, job, hobbies, family situation ... just about anything you think we need to know to defend you in your case. These statements are confidential, and will help us in the defense of your DUI case.

Unlike other attorneys, we at Thurlow & Thurlow like to handle our cases without our clients appearing in court. You will not be missed. (More on absentee representation below.)

However you respond to your DUI arrest, it is something that must be taken seriously. A DUI conviction can lead to fines, driver's license suspension/revocation, time in jail, ignition interlock device (IID) installation, and other penalties. In addition, a typical DUI conviction results in 2 DMV "points," like having two speeding tickets. The DMV will suspend any driver's license with too many DMV points within a certain amount of time.

After leaving their jobs with the District Attorney, Martina and Tom Thurlow have spent 30+ years each representing DUI defendants in California. If there is a way to get a case dismissed or reduced, we will find it.

What is “blood alcohol content” level?

Blood alcohol content (BAC) is a measurement of the amount of alcohol found in the blood, expressed as a percentage. It is calculated in grams per measure of liters of breath, and a BAC of 0.08 means there is 0.08% alcohol by volume in your blood. Measuring BAC is a way for law enforcement and the courts to calculate the amount of alcohol someone has had and their ability to drive a motor vehicle. VC 23152(b) charges someone with driving while having 0.08% blood alcohol content in their blood (usually Count 2), while the vague "driving under the influence of alcohol" is the charge of VC 23152(a) (usually Count 1). VC 23152(a) is not predicated on a certain BAC level, but rather a person may be convicted of that charge if it is shown that: 1. their driving is impaired by alcohol to the point that it makes them an "unsafe driver," or 2. that they are impaired by some sort of drugs, either legal or illegal, even if it is prescriptions drugs.  As you can tell, it is all pretty vague, but the prosecutor is able to get expert witnesses to testify in DUI trials regarding when the symptoms and FST's of a certain defendant show that they were driving "under the influence" and alcohol, marijuana, drugs, etc.

What are my rights during DUI traffic stops?

If you are pulled over due to suspicion of drunk driving or for a possible traffic law violation like speeding or weaving, and then the police officer suspects that you were driving under the influence of alcohol, you should remember you have certain rights as a U.S. citizen. Namely,

1. The driver and any passengers have the right to remain silent (except you must show the police your driver's license, registration, and proof of insurance upon request); and
2. If you are a passenger not suspected of any crime, you should be free to leave.

If you are arrested or detained, you have additional rights, including Miranda warnings.

1. You can say you wish to remain silent regarding the criminal investigation against you, and ask for a lawyer immediately (NOTE: you still have the legal obligation to take a blood or breath test and, if less hat 21 years old, you have to take all the field sobriety tests.
2. You will have the right to post bail, if assessed

If you believe your rights were violated in any way, try to write down everything you remember, including the police officer's agency (like CHP, St. Helena Police, Napa County Sheriff, etc.), badge number, and patrol car number. This information will be important later in defending your Napa DUI case.

In all encounters with the police, we encourage everyone to cooperate with the police, even if they stand by their constitutional rights. 

Another detention issue: the courts have allowed police to conduct Sobriety Checkpoints, in which the police stop every motorist who drives into the checkpoint. Usually the California Highway Patrol conduct these checkpoints, but there have also been cases involving the Napa Police Department. These checkpoints generally look like construction zones at night, with bright lights shining into the faces of every motorist driving into the checkpoint. The courts require signs to warn motorists that they are entering a checkpoint, with there must be enough room to turn around or avoid the Sobriety Checkpoint. But because of the lights shining into the faces of the motorists, almost all motorists drive right into the checkpoint and undergo sobriety checks. If you have been arrested after driving into a Sobriety Checkpoint, let us know when you contact Thurlow & Thurlow. The police may have missed a sobriety checkpoint requirement, making the stop illegal and any evidence obtained would have to be thrown out, causing the case to be dismissed.

How does bail work?

Once a police agency (like the California Highway Patrol, the Napa County Sheriff, Calistoga Police Department, or any other police agency) arrest you and the charges against you require payment of a bail for your release from jail, you have three choices if you want to get out of jail: 

1. You can pay the full amount of bail by physical cash, cashier's check, credit or debit card;
2. You can post a property bond that acts as a lien against a home or property owned by the person wanting to get you out of jail; or 
3. You can work with a local bail bond company to post a bail bond

Some things to know about these choices: after your case is over, any cash bail paid is fully returned. A bail bond requires the payment of only 10% of the bail bond, with a promissory note signed for the full amount of the bail bond, and none of the bail bond premium will be returned after the case is over. (Something else to know abut bail bond companies: if you already have hired an attorney, many bail bond companies will discount your bail bond premium from 10% to 8%.) Things to know about property bonds: they take time, because the judge has to approve a certified appraisal on the value of the property, and a lien search must also be presented. The net market value of the property posted must be a multiple of the bail required. 

Can I refuse a breathalyzer test in Napa?

If you are older then 21 years, you can refuse a preliminary alcohol screening (PAS) test. These are portable instruments the police have with them to test your breath for alcohol. The results of these tests are typically not admissible in court if you are, in fact, arrested and charged with driving under the influence.

California law requires a person arrested for DUI to take either a breath test or submit a blood sample for testing. The law requires the police to explain this to you. 

Refusal of a post-arrest breath test or providing a blood sample, however, carries with it significant consequences. These consequences may include the following: 

• Your license will be suspended by the DMV, even if you are totally sober.
• You will probably still face a DUI charge based on other criteria, such as field sobriety test results, witness testimony, FST's and the police officer's observations.
• The police could get a warrant signed by a judge to forcibly take a blood sample from you despite your refusal.

What are standardized field sobriety tests (FSTs)?

Standardized field sobriety tests (FSTs) are tests approved by the National Highway Traffic Safety Administration (NHTSA). These tests are allegedly designed to help police determine whether a driver is intoxicated or not. To many non-police observers, these tests looks fairly subjective.

There are three standardized FSTs:

1. the Horizontal Gaze Nystagmus Test (HGN test)
2. the One-Leg Stand Test (OLS test)
3. the Walk-and-Turn Test

The results of these tests may be used as evidence against you in an intoxicated driving case. Non-standardized tests, on the other hand, are not validated by NHTSA and are typically not admissible as evidence.

Non-standardized FSTs include:

• finger to nose test
• the finger count test
• the hand pat test
• the alphabet test
• the reverse counting test

Can I refuse field sobriety tests in California? 

If you are older than 21 years, there is no law prohibiting you from refusing to complete field sobriety tests. However, once a person is arrested for DUI, they have no legal right to refuse to take a breath test or to submit a blood sample that will be tested. Refusal to take a post-arrest breath test or submit a blood sample will result in the loss of your driver's license for at least one year. Even worse, many times the police will take note of such a refusal, and then get a warrant signed by a judge that enables the police to force a blood sample, so that the level of sobriety will eventually be found out AND the defendant's driver's license will be suspended anyway.

After a DUI arrest in California, will my driver's license be suspended or revoked?

There are two different types of driver's license suspensions. The first is an administrative suspension, and you have ten days (beginning the day of your arrest) to request a stay on the administrative suspension and request a hearing. 

The other type of suspension occurs when you are convicted of a DUI in court, and the court reports the conviction to the DMV. There are many factors that influence the length of your suspension, like whether there are previous DUI convictions within 10 years.

Holders of commercial driver's licenses (Type A) face additional suspension times if they suffer a DUI conviction. 

Can I still get auto insurance in Napa after a drunk driving conviction?

Your ability to obtain or maintain auto insurance after a driving under the influence (DUI) conviction depends on whether it was your first conviction, an accident, or whatever else is on your driving record. You will likely find insurance after a first conviction, although your insurance premiums may increase significantly. 

Note, however, that even if you have been convicted of only one DUI offense, you will still be required to obtain SR-22 insurance. An SR-22 is a certificate of financial responsibility required by the DMV to get your driver's license back. This form is not insurance, but rather a promise that you will be legally insured for at least 3 years. Many auto insurance companies will not charge an SR-22 fee to their current insurance policyholders, but some other insurance companies will charge an SR-22 monthly fee of $25 or more. Many insurance companies will then send the SR-22 directly to the DMV.

Will I need to get an Ignition Interlock Device (IID) because of my DUI Charge?

In some cases, the judge or DMV will order an Ignition Interlock Device (IID) to be installed in any car you own or drive for 6 months, a year or more, as a condition of the sentence. An Ignition Interlock Device (IID) makes it so that you cannot start your car until you first take a breath test and the IID determines that you have no alcohol in your system.

It is important to wait until the required time to install an IID device, and not before. You may never need to have an IID in your car. 

Lately, some companies have been sending direct mail to, or even cold-calling DUI defendants, encouraging them to immediately install an IID in their car, sign up for a DUI class, buy an SR-22, and to buy some car insurance that is pitched to the DUI defendant. These companies are not attorneys, even though their counsel contains legal advice. We encourage people arrested for DUI in Napa not to pay any attention to these calls or mailers. A Napa DUI case is serious, and the defendant faces jail time, fines, high car insurance premiums, possible job loss, and more, and taking advice from a non-attorney in this legal matter is very unwise.

Can I beat a drunk driving charge in California?

It is possible to beat a drunk driving charge, although it is not typically easy. It will require a thorough understanding of the law and a thorough understanding of the technical nature of field sobriety tests, breath tests, and blood tests, the legality of the initial stop, the statute of limitations, and so on. Understanding all these issues is critical to identifying errors (technical or human-made errors) to highlight the unreliability of the results or legality of the traffic stop.

A person charged with DUI in Napa may have had their constitutional rights violated. This happens more often than you might imagine. A violation can lead to some or all of the prosecutor's evidence being thrown out. Without sufficient evidence, the case will be dismissed, or a jury may return with a verdict of "not guilty."

You will need a drunk driving defense attorney to help you beat a DUI charge in Napa. These cases can be highly technical, and very complex. Remember, if there is a way to get your Napa DUI case dismissed or reduced, Thurlow & Thurlow will find it.

Can I just plead guilty to drunk driving?

An arraignment is a hearing where the defendant can plead guilty, no contest, or not guilty. You can plead guilty, but the real question is whether you should or not. It is usually a mistake to plead guilty at this time, especially without the counsel of a drunk driving lawyer in Napa, and there are multiple reasons for this.

1. If you plead guilty immediately, you lose any opportunity to fight the DUI charge;
2. If you plead guilty immediately, you also lose any opportunity for a good settlement deal, if that is what would be best in your unique circumstances. A plea deal means you would plead guilty or no contest, but the process can render a better outcome than an immediate plea of guilty. In many cases, you may be able to plead down to a lesser offense with a shorter period and easier terms of probation;
3. The sentencing can be worse when given in response to a plea of guilty during the arraignment, as opposed to what a plea deal would entail or a sentencing after a conviction would impose. The reason is simple: you have time to mitigate and negotiate;
4. A guilty plea may open you up to a civil lawsuit based upon your plea; 
5. A guilty or no contest plea in court can add suspension time to your driver's license, and sometimes the net amount of suspension time can be longer if not conducted properly.

It can be tempting to plead guilty right away, with the idea that you can get the case over faster and get on with your life. But if you do not fight to get the charge dismissed or to get yourself acquitted, it may result in a DUI conviction, time in jail, a high fine, suspension of your driver's license, higher car insurance premiums, and more.

DUI penalties increase exponentially if your case involves dangerous driving, driving at a speed higher than the posted speed limit, an accident, prior DUI convictions, children in the car, or a delay or refusal of a DUI breath or blood test.

What if I am just an alcoholic? Will the judge throw the book at me?

Actually, your situation is not necessarily hopeless if you are charged with DUI and have a problem with alcohol. We at Thurlow & Thurlow have had many DUI clients who are alcoholics. After we put together a plan to convince the judge and prosecutor that our client is taking seriously their alcohol addiction issues, we have been able to get very reasonable sentences that are much more lenient that you would expect. 

Do I need a drunk driving lawyer in California to win my DUI case?

If you plan to fight your drunk driving charges, it is in your best interest to have an attorney represent you. The law can be complex. The evidence can be highly technical and scientific. Police and state expert testimony can be damaging. All these things can lead to a conviction, unless you have the necessary skills and knowledge to successfully counter them. 

How much does a DUI defense lawyer in Napa cost?

While more experienced lawyers usually cost a lot more money, we at Thurlow & Thurlow limit our overhead, and are proud to pass along the savings to our clients.

There are a lot of factors to consider when determining the cost of a defense lawyer, like:

• The experience of the lawyer;
• Whether your case requires a motion to suppress evidence;
• Whether there are grounds to file a motion to dismiss (speedy trial, etc.);
• Whether your case goes to a court or jury trial;
• The costs of the experts needed if your case goes to trial

It also depends on whether the attorney charges by the hour or a flat rate. Typically a person charged with DUI in Napa can expect to pay anywhere between a $3,000 fee or upwards to $7,000 or more to get started. An additional fee for trial typically costs several thousands of dollars every day of the trial, with a court trial (or "bench trial," meaning heard only by the judge) lasting as little as one day, and a jury trial lasting a week or more. 

Can I just hire an attorney to handle my Napa DUI case and then skip going to court?

Yes, absolutely! We at Thurlow & Thurlow take full advantage of California law that enables us to represent our clients without our clients ever having to go to court. Of course, you can always join us in court if you wish, but there is no need to, and the judge will not miss you. There are exceptions: you must come to court if you are charged with a felony charge, if the judge orders you present, or if your case goes to a trial. Otherwise, we try to handle our clients' DUI cases without our clients ever having to go to court.

In such a situation, we update our clients by phone call, text or e-mail after every court date.

What about traffic tickets? Does Thurlow & Thurlow handle the defense of traffic tickets and citations?

Yes we do! Many times a DUI investigation will only result in a traffic ticket or citation, and Thurlow & Thurlow has defended people charged with all sorts of Vehicle Code infractions: speeding, driving over 100 miles per hour, failing to come to a complete stop at a stop sign, running a red light, driving on a suspended driver's license, driving alone in a carpool lane, failing to follow posted traffic signs, and many more. Usually these tickets are issued by the California Highway Patrol (CHP), City of Napa Police Department, American Canyon Police, and the Napa County Sheriff, but any agency is prone to issue a traffic citation if they spend a lot of time investigating a DUI and the driver shows that they were driving sober. 

We have also handled fix-it tickets involving modified exhaust, headlights out, and tinted windows charges. Defending people with traffic tickets or citations is very important, with certain defenses available to the defendant: including speed trap issues, radar and lidar calibration, and statute of limitations / speedy trial rights. 

Contact a DUI defense attorney in Napa today

At Thurlow & Thurlow, we know the law and the technical, scientific make-up of field sobriety tests, blood tests, and breath tests. We also know how to identify and proactively address any constitutional rights violations to benefit your case. With over 60 years of combined experience, not only as prosecutors but as DUI defense attorneys, we know DUI law enough to say that if there is a way to get a DUI case dismissed or reduced, we will find it. Contact us today at 707-965-9424 (or text by calling 707-328-7902), or fill out the Contact Form, listed at the top of this page, to schedule a free consultation and get honest advice on your best legal options.