If you or a loved one have been arrested for D.U.I. you are probably feeling scared and don’t know where to turn. Our experienced lawyers can help you all the way through the process. Call us immediately upon someone being arrested. We have important information for you that will help you right away. We will tell you how to best handle the DMV license suspension.
Drunk driving is the most common type of arrest of otherwise law-abiding people. Most people arrested for DUI have never had a prior encounter with the police, much less experienced the court system. They don’t know what to expect. They don’t know the process. They do suffer a great deal of anxiety.
Charges of DUI reduced to alcohol related reckless driving so client I.C. did not have to put in the breath testing device and did not have to do the work project in Sacramento – August 2012
Being arrested for driving under the influence does not automatically mean that you are guilty of driving under the influence. Instances such as police oversight, unlawful arrests, and inadmissible evidence can all be cause for a successful result. If you, a friend, or a loved one have been arrested and charged with DUI, our experienced attorneys can help in your time of need.
A first-offense DUI is typically a misdemeanor, unless there are aggravating circumstances, such as an accident with injuries, where the DA’s office may file it as a felony DUI. Regardless of the particular circumstances of the arrest, the State of California takes any DUI, even a first offense, very seriously. The prosecutor will seek a conviction unless presented with evidence or testimony that weakens or undermines the case.
California DUI Criminal Process
The first DUI charge is for driving under the influence of alcohol, medication or drugs in violation of California Vehicle Code Section 23152, subdivision (a). The second DUI charge is for driving with a blood alcohol level (BAC) at or above the legal limit of .08 percent or greater in violation of Vehicle Code Section 23152, subdivision (b). If an arrest involved an accident resulting in an injury to a person other than the individual arrested for driving under the influence, a more serious felony DUI may be charged by the San Francisco District Attorney in violation of California Vehicle Code Section 23153, subdivision (a) and 23153, subdivision (b).
The second DUI case is a California Department of Motor Vehicles Administrative Per Se (APS) license suspension action, in which the driving privilege of the person arrested for DUI is at risk of being suspended for a minimum of four (4) months. Drivers arrested for driving with a blood alcohol concentration of .08% or higher in California have only 10 days from the date of arrest to request a DMV administrative per se (APS) hearing. If a DMV hearing is not requested within ten (10) days of the arrest, any California driver’s license will automatically be suspended thirty (30) days from the date of the arrest.
How long will the DMV suspend my license?
For a first offense DUI, your California Drivers license will be suspended for 4 months by the DMV.
You can apply for a restricted license after serving a 30 days suspension by filing proof of enrollment in a AB 541 school or other DMV approved school program, filing of a SR 22, and a $125.00 reissue fee.
If you are under 21 years of age, took a chemical test or a preliminary alcohol screening test and the results showed 0.01% BAC or greater, your driving privilege will be suspended for 1 year.