How to Maintain Your Driving Privileges After a DUI in California Yes, misdemeanor DUIs are less severe and typically involve lighter penalties, while felony DUIs carry harsher penalties and potentially longer prison sentences, particularly if there are aggravating factors. During a DMV hearing, you can contest the suspension of your driver's license. The hearing officer will review evidence, hear testimony, and determine whether to uphold or overturn the suspension. An attorney can greatly assist in presenting your case effectively. First and foremost, you have the right to remain silent and the right to an attorney. If you are arrested, politely decline to answer questions without legal representation. You should also know that you have the right to refuse any field sobriety tests. However, this refusal can lead to automatic license suspension under California's implied consent laws. Field Sobriety Tests: A Complementary Aspect In addition to breath tests, officers may administer field sobriety tests (FSTs) to assess a driver's level of impairment. These tests often include tasks like walking in a straight line or balancing on one leg. However, field sobriety tests are subjective and can be influenced by environmental factors, nervousness, or even physical limitations unrelated to alcohol consumption. For instance, suppose you were tested shortly after consuming alcohol, and the test indicated a BAC of 0.10%. If you, in fact, had a BAC of 0.06% due to a rapid metabolism or improper testing procedures, an experienced DUI attorney may argue this discrepancy in your defense. Factors Affecting Breath Test Accuracy Several elements can cause a breath test to yield inaccurate results, and understanding these can be critical in your defense strategy.