Getting a DUI in California does not have to be a frightening experience in your life. While DUI is a serious criminal charge, and has the potential of damaging your reputation, career, as well as many other aspects of your life, it is not impossible to win a DUI case. Even if you do not get the DUI charged dismissed altogether, with the help of an experienced DUI attorney, you will be able to negotiate a lesser charge which will not have all the negative consequences you are worried about.
If you are charged with a DUI, or are still awaiting results of your blood test, you are probably overwhelmed with questions about the possible consequences you might face if convicted. It is best that you do not try and handle a DUI case on your own. You should immediately seek counsel and have an attorney help you fight for your DUI case, and here is why.
What To Expect After A California Drunk Driving Arrest:
In California, a DUI arrest means you have to deal with two different proceedings and two different entities: one involving the Department of Motor Vehicles (DMV), and the other involving the court of law. The two proceedings are independent of each other, and usually the outcome in one proceeding does not affect the outcome in the other.
The DMV Hearing
When you get arrested for DUI, the police will take your driver’s license and will give you a temporary license to drive, which is good for thirty days.
After 30 days, your license is subject to automatic suspension unless you request a DMV hearing within 10 calendar days from the date of your arrest. The 10-day deadline for your DMV hearing is very strict, and if you miss the deadline, the administrative per se suspension will remain on your driving record even if you ultimately win your DUI conviction in court.
For a first time DUI arrest, the length of the administrative suspension depends on whether you submitted to the chemical test or not. If you took a chemical test and the results of the BAC came back with a level of 0.08 percent or more, then your driving privilege will be suspended for four months. However, if you refused to submit to chemical testing, then your driving privileges will be suspended for 12 months.
When you hire an attorney to handle your criminal DUI case, he/she can request the DMV hearing for you, and they can conduct the DMV hearing on your behalf.
Why Is The DMV Hearing Important?
At the DMV hearing, you have a chance to learn about your case well in advance of your court date, and you have a chance to convince the DMV not to suspend your driver’s license.
To prepare for the DMV hearing, your attorney will request the state’s evidence against you, which can also help you prepare for your criminal case. The evidence may include any audio and video recordings, the police report detailing your arrest, and the basis for probable cause to arrest you.
Your attorney can also subpoena your arresting officer to testify at the DMV hearing, which can give you an opportunity to obtain testimony, such as lack of probable case for your arrest, or improper DUI tests which you were ordered to perform before your arrest. This in turn, can be useful information that can help you fight your criminal DUI charges.
Criminal DUI Cases:
The criminal penalties for a first DUI in California include the following:
- Mandatory jail time for three days with a statutory maximum f no more than six months in county jail,
- Fines of up minimum of $390 and a maximum of $1,000,
- A minimum of three years of probation, and
- Successful completion of a DUI program for three, six or nine months.
If you are convicted of DUI, your conviction will remain on your record for 10 years, and will be used as a prior DUI offense in case your are arrested for another DUI within 10 years of your conviction.
That is why, it is important to consult with an attorney who will help you your DMV hearing as well as your criminal DUI case. Our attorneys at ANTN Law APC are ready to take over your case and fight for your rights.
Each DUI case is different and our attorneys know how to approach each case with its unique facts to prepare the best defense strategy. We will examine all of the following to determine how to best fight for your case:
- The facts supporting the probable cause for the stop of your vehicle and/or arrest
- All audio and video recordings from both the police vehicle dash and the officers’ body cams
- Whether the arresting officer complied with the California Code under Title 17 during the course of the investigation and collection of the chemical evidence
- Maintenance and calibration records of the breathalyzer instrument that was used to test your BAC, including the instruments’ use log.
- Subpoenaing your arresting officer and/or lab technician for testimony and cross-examination at your DMV hearing
It is important that you hire an attorney who will take the time to investigate and examine all the details of your case to best prepare for the DMV hearing as well as your criminal DUI case.
At ANTN, we are here to offer you the best representation you can get from a DUI lawyer.
Contact us at (818) 210-3554, or fill out the online form, 24 hours a day, 7 days a week.