DUI Process

DUI Proceedings:

The proceedings following a DUI arrest can be frustrating. There are two entities or agencies, possibly more, that will give you consequences for a DUI. One agency is DMV; they can suspend your driver’s license. Another entity is the Courts ; they can order jail time, suspend your license, require classes, fines and probation. Other agencies can be professional licensing boards, such as a nursing board. There are steps that must be taken with both the DMV and the court in order for you to have the best outcome possible.

DMV

When you are being charged with a DUI, the DMV will be notified and will seek action against you. When the DMV notifies you that it intends to take action against your driving privilege due to a DUI arrest, you are entitled to a DMV hearing. You must request this hearing (known as a DMV administration per se hearing) within ten days of your drunk driving arrest. If you are our client, we will attend this meeting on your behalf while you go to work, school, or stay at home.

The DMV will initiate this process for any DUI arrest, regardless of whether you took a breathe or blood test. DMV will not issue a restricted license to you if you refused the test. This is a one year suspension with no options for driving. That is why it is VERY important to have an experienced team on your side to fight for you .

If DMV decides against you, and the alcohol text was not a refusal, you have 3 ootions:

  1. Get a “restricted” license allows you to drive to/from work, school, and/or your alcohol program. For a first DUI this is a one year restriction.

  2. Get an interlock ignition device installed in your car, so you can drive anywhere at any time. For a first DUI with an alcohol level below a .20, this is a 6 month restriction.

  3. Not driving may be an option for some people when insurance and other fees make it too difficult to continue to drive.

    You will need to attend a DUI School and have SR- 22 insurance for a restricted license.

Criminal Court

Along with the DMV action, the state of California will take criminal action against you in court. The court process is lengthy and often times takes months from your date of arrest to be completed. As your attorney, we can make all court appearances on your behalf and fight for you! Please see the infographic image below for a visual explanation of the DUI process.

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