California DUI Basics
Driving Under the Influence also referred to as a DUI, is a criminal charge pursuant to Vehicle Code Section 23152(a) and is a misdemeanor. To be convicted of this charge, the District Attorney must prove that you operated a motor vehicle under the influence of alcohol or drugs. A conviction for a first DUI can carry a penalty of six months jail, heavy court fines, probation, as well as an order that you participate in an alcohol treatment program. In addition to criminal penalties, the Department of Motor Vehicles (DMV) will suspend your driver’s license and your car insurance will be negatively impacted. Many individuals charged with a DUI are also charged with violating Vehicle Code Section 23152(b), Driving with Excessive BAC. A charge under 23152(b) requires that you have a BAC of .08 or greater and carries greater penalties than a conviction under Section 23152(a).
When you are pulled over for a suspected DUI, the police officer may give you a series of tests. If you fail, he takes your driver’s license and you are given a temporary license which will expire within 30 days automatically and an Order of Suspension of your Driver’s License. Though, you have 10 days from the date the police confiscated your license to request a DMV Administrative Review of the suspension. If you do not make the request for hearing within 10 days, your driver’s license will automatically be suspended at the end of the 30 days. This administrative review hearing allows you the opportunity to show that the suspension was not justified. The DMV Administrative Review is independent from any court proceeding. You may be represented by an attorney at the DMV Administrative Review but you will only have an attorney fighting for you at this hearing if you hire an attorney. No attorney will be provided for you to defend your case.
An arrest for DUI should be handled immediately by an attorney. You do not have time to wait. You have only 10 days from your arrest to request a DMV Administrative Review of your driver’s license suspension. If you fail to make this request, your license will be suspended. On top of the DMV process, you also will need a lawyer to fight the court case. Can you imagine how your life will change if your driver’s license is suspended and you have to go to jail? Let our attorneys develop a sound legal strategy for your DUI case.
Benefits of Hiring My Rights Law to Defend You For Your DUI
- Represent you at the DMV Administrative Review Hearing
- Try and Prevent your Driver’s License from being Suspended
- Explain the Court Process to you
- Work to Minimize the Negative Impact that a DUI can have on your Life
- Enforce all of your Rights in Court including seeking a dismissal of all charges
You Only Have 10 Days to Take Action!
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