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criminal lawSOME DUI FAQs:

October 10, 2018

I’ve been arrested for a DUI. What happens now?

You will be charged under VC 23152(a) & (b) and your license will be suspended.  

You can stay the suspension of your license by calling the DMV office within 10 days from the date of your arrest and schedule a DMV hearing. You must make this appointment in order to challenge the suspension of your license. You will then go to court and be told of the charges against you. This is called the arraignment and you will be required to plead guilty or not guilty. If you want to fight your case, then you should plead not guilty so that you can begin to defend against the DUI charges.

After I got arrested for DUI, the police officer took away my driver’s license, what’s next?

The officer should have given you a pink document where it states you can legally drive for 30 days before your license is suspended. If you schedule a DMV hearing within 10 days of your DUI arrest the suspension will be stayed until your DMV hearing.  The purpose of the hearing is to determine if the officer had probable cause to stop your vehicle and if he had probable cause to believe you where under the influence of alcohol or drugs while driving. If you can show your rights were violated, you will be able to keep your license.

An Order of Suspension and Temporary License was issued to me. What am I expected to do with this?

If your license was suspended, you cannot drive until you are eligible to reapply for your license. This is possible after completing DUI classes and get proof of insurance.  People with a first DUI conviction will be able to get a restricted license as early as 30 days after their license was suspended, but only if they completed the DUI classes.

For how long will the DMV suspend my driver’s license if I failed the sobriety test?A person 21 years old or older, who took a breath or blood test with a result of 0.08% BAC or more:

  • 4-month suspension for first offense
  • 1-year suspension for a second or subsequent offense within 10 years
  • 1-year suspension if you are under 21-year-olds and blew 0.01% BAC or more

I declined to take a chemical test. Will this be a problem for me?

Yes, you can lose your license for one year for failure to take the field sobriety test. By law, you are required to agree to a chemical test to determine the presence of any drug and/or alcohol content in your blood.

Since January 1999 a urine test is no longer a choice unless:

  • There is a suspicion by the officer that you are under the influence of drugs or alcohol, or a combination of both
  • At the time of stopping you a chemical test in not available
  • You are a hemophiliac
  • You have a heart condition and take an anticoagulant medication

DUI charges are common and can have lasting effects on the person’s ability to legally drive. Unfortunately, many people will take a change and drive while on suspended license.  If caught the person driving on suspended license the person will end up with yet another misdemeanor conviction and suffer additional jail time and penalties.

The reality is that every case is different, and you cannot afford to gamble with your driving privilege. If you are arrested for DUI, you should seek professional legal advice.

We have extensive experience and have successfully represented many clients charged with DUI.  Call us today at: 619-296-6000 for a free consultation or appointment.

 

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