DUI & DMV Hearings
Even a first-time arrest for Driving Under the Influence (DUI) of alcohol, marijuana, prescription medication or other drugs, can carry serious consequences. You need an attorney who will do more than accompany you to court and walk you through the system.
If you are charged with a DUI not only do you have to deal with the consequences through criminal court but also additional consequences through the DMV.
The DMV will automatically suspend your license unless you take immediate action and contact the DMV to request an Administrative Hearing within ten days of arrest. The benefit of reserving a hearing with the DMV is that you can hire an attorney to handle both your DUI criminal case and your DMV Hearing as well as buy yourself more time to continue driving. Many attorneys charge an additional fee or simply do not handle DMV Administrative Hearings. My services are inclusive of both the Court and the DMV proceedings.
Most DUI’s in California are charged as misdemeanors. Therefore, having an attorney allows you the right to appear in court through Penal Code Section 977 which allows the proceedings to occur without you stepping foot in court in most misdemeanor cases. In short, I will be in court for you so you don’t have to be there. Most DUI defendants are not hardened criminals and appearing in court can be less then comfortable.
Even if you believe that the State has a sure case against you this may not be the case. There may be holes in your DUI investigation that an attorney may be able to use to present a defense in your case. There may be hole simply because of lazy police work or there might be clear Fourth Amendment Violations. In addition, even if everything seems to be staked against you having an attorney allows you to present the “human side” of your story to ensure a compassionate negotiated sentence. Call our office today.
NOTE: As of January 1, 2019, Senate Bill 1046 requires that all California residents install an ignition interlock device on all vehicles he or she operates, even for a first time DUI offense. See chart below.
California Criminal and DMV Penalties for Misdemeanor DUI (Vehicle Code Section 23152)
California Criminal Consequences for Driving Under the Influence of Alcohol and/or Drugs (VC 23152)
MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED (3 TO 5 YEARS PROBATION TERM)
MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION
FIRST Offense within 10 years
Attendance at a 3,6 or 9 month alcohol/drug program, a fine of $390 to $1000, possibly 48 hours to 6 months in jail. As a result of the court conviction, the DMV will suspend your license for 6 or 10 months, but a restricted license may be available unless the court orders otherwise.
96 hours to 6 months in jail, $390 to $1000 fine, and a 6 month license suspension.
Administrative (Admin Per Se) DMV minimum penalties for Driving Under the Influence of Alcohol and/or Drug
.08 or greater – 4 month suspension
Refusal – 1-year suspension
Applies to DUI arrests ON OR AFTER January 1, 2019
An offender may choose one of the following:
- Comply with a six-month interlock device requirement with full driving privileges, or
- Comply with one-year of a restricted license that would only allow them to drive to and from work (enrollment in a treatment program and obtaining an SR-22 is required to qualify)