California is tough on drunk drivers. Once you have been ticketed and issued an Order of Suspension, YOU HAVE 10 (ten) DAYS IN WHICH TO REQUEST AN ADMINISTRATIVE
HEARING
California DUI Lawyer
A hearing is your opportunity to show that the suspension or revocation is not justified. The DMV suspension or revocation for the DUI arrest is different and separate from the suspension or revocation following your DUI conviction in criminal court. The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in criminal court is a mandatory action for which jail, fine, or other criminal penalty can be imposed. Not only is a DUI conviction expensive because of fees and surcharges; it is also likely that it will result in your auto insurance rate being at least quadrupled. It could even result in jail time.
A DUI conviction will stay on your driving record forever.
A DUI never automatically "falls off" your record. Most state laws require that a DUI stays on your record indefinitely. The time to fight against such a conviction is immediately. Prompt action on your part, and the skills of a good DUI attorney can make the difference between a dismissal or a conviction, or lessen your penalties if convicted. We can help you get the legal representation you need to fight your drunk driving charge in California and possibly minimize or avoid such consequences as court costs, fines, probation, community service, penalties, jail time and a criminal record. Getting expert legal help with your California DUI can be affordable and easy.Call our toll free number or fill out the form by clicking the county where you received your ticket in the chart below:
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In California, you will be arrested if you are found driving under the following conditions:
Minimum fines and penalties for DUI convictions:
First California DUI Conviction
Mandatory jail for up to 6 months. Minimum fine of $390. Driver's license
will be suspended for six months. Other penalties and restrictions may be
applied.
Second California DUI Conviction
Mandatory Jail for up to 1 year. Minimum fine of $390. Driver's license suspension for 1 year. Other penalties and restrictions may be applied.
Third California DUI Conviction
Jail time and fines similar to 2nd conviction. Howerver, you will be
considered by the state a "habitual traffic offender" for 3 years following your
conviction and have your license suspended for 2 years. Your drivers license
will not be reinstated until proof of financial responsibility and proof that
you have completed a "driving under the influence" program approved by the
state.
Fourth California DUI
Conviction
Jail, Prison or both, for a minimum of 6 months, and no longer than1 year. The fine will be no less than $390 and no more than $1,000 . You will be considered by the state a "habitual traffic offender" for 3 years following your conviction and have your license revoked for 3 years. Your drivers license will not be reinstated until proof of financial responsibility and proof that you have completed a "driving under the influence" program approved by the state.
According to the State of California website http://www.dmv.ca.gov/dl/driversafety/dsalcohol.htm :
Once you have been arrested for DUI in California, the officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.
If your license was confiscated at the time of the arrest, it will be returned to you at the end of the suspension or revocation, provided you pay a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee is $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code 23136, 13353.1, 13388, 13392. If it is determined that there is not a basis for the suspension or revocation, your driver's license will be issued or returned to you.
Chemical Test
You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:
If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:
If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
If you were 21 years or older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:
A third or subsequent offense within 10 years will result in a 3-year revocation.
Links to California State information:
Motor Vehicle Department:http://www.dmv.ca.gov
California DMV/Driver Information: http://www.dmv.ca.gov/dl/dl.htm
DUI Laws:http://www.dmv.ca.gov/pubs/vctop/d11/vc23152.htm
Driver's Manual:www.dmv.ca.gov/pubs/hdbk/driver_handbook_toc.htm
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