DUI Q&A Attorney David D. Diamond is a State Bar Certified Criminal Law Specialist. His decades of experience are exactly what you need to overcome your criminal charges

California DUI - Frequently Asked Questions

Los Angeles DUI lawyer David D. Diamond is asked a lot of questions regarding driving under the influence charges, penalties and defenses. We are happy to answer your questions directly when you contact our offices, but we have also included some frequently asked questions below, for your convenience.

What should I do if I'm arrested for DUI in California?

If you're arrested for DUI, make sure you exercise two of your most important rights: your right to an attorney, and your right to remain silent.

How can an attorney help me?

An attorney will be able to give you advice on what to do and what not to do during the entire process. Your lawyer will also serve to protect your rights and your interests and may be able to help you avoid a conviction or have your charges dropped altogether.

What is the legal limit in California?

In California, the legal limit is .08%. This means that if your blood alcohol concentration is .08% or higher, you are determined to be driving under the influence and can be charged with DUI. If you are under 21, you cannot have a blood alcohol concentration of .01% or above.

What penalties may I face if accused of a 1st DUI offense?

If convicted of a 1st DUI, you will face a county jail sentence of up to 6 months, license suspension of up to 6 months, and fines of up to $1000.

Do I have to submit to blood and breath testing?

The arresting officer may ask you to submit to blood or breath tests to determine your blood alcohol concentration. Although you do not have to submit to testing, your refusal will result in the automatic suspension of our license.

Do I have to submit to field sobriety tests?

You do not have to submit to field sobriety tests, and the refusal of these tests (such as the one leg stand or the walk and turn) will not result in the immediate suspension of your license.

Do I have to answer questions the officer asks me, about how much I've been drinking?

No, you do not have to answer these questions, although your silence may result in your arrest.

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Client Testimonies

  • I've seen a lot of attorneys throughout my years, and I have to say you're one of the best I've seen.

    “I've seen a lot of attorneys throughout my years, and I have to say you're one of the best I've seen. I thought you were organized, you were prepared, you had great arguments, you had a great composure with this jury. Your legal research was spot on.”

    - Los Angeles Superior Court Judge, Compton Branch, Robbery-Gang Trial
  • Thank you so much for all of your help!

    “Thank you so much for all of your help! I hope none of our family has to go through an appeal, but if they do, with great confidence, I would be happy to recommend you! Thank you again!”

    - C.M.
  • I would like to thank you for your professionalism, dedication and favorable results in my case.

    “I would like to thank you for your professionalism, dedication and favorable results in my case. I appreciate knowing and being able to count on your firm. If I ever need your services in another case, I will not hesitate to call you.”

    - E. S.
  • I am sure glad that I had David Diamond on my side.

    “As a peace officer, I never imagined that someone would attempt to serve me with a restraining order, but I am sure glad that I had David Diamond on my side. I cannot thank you enough, David. I would recommend the services of David Diamond to everyone.”

    - A.P.
  • Dave proved to be not only very competent but also very aggressive on my behalf.

    “Great Job, Dave! You will always be my first call... But in fairness, I hope I will never need your services again.”

    - Rob P.
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Real Results

  • DUI Dropped, Reduced to Exhibition of Speed .09 BAC
  • Reduced to Reckless Driving .12 BAC
  • DUI Dropped, Reduced to Exhibition of Speed .13 DUI
  • Set Aside, No Action Taken .14 BAC
  • DUI dropped, Reduced to Exhibition of Speed .14 BAC
  • DUI Dropped, Reduced to Exhibition of Speed .14 BAC
  • DUI Charges Dropped .14 BAC
  • Reduced to Exhibition of Speed, No Jail Time .14 BAC, Street Racing, Speeding (over 100 MPH), DUI
  • Reduced to Reckless Driving .16 BAC
  • Charges Reduced, No Jail Time .18 BAC/Third Time DUI
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