Being arrested for DUI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced DUI attorney will help you understand all of your rights and options.     

What happens if I was arrested for DUI?
Under California law, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the California Department of Motor Vehicles.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately. 

Administrative Hearing
Once you have been arrested for DUI, the arresting officer retains your state issued driver’s license and you are issued an “Order of Suspension and Temporary License,” which allows you to drive for 30 days from the date the order was issued.  Pursuant to California law, an individual has 10 days to request an Administrative Hearing from the Department of Motor Vehicles.    If you fail to request a hearing within 10 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Department of Motor Vehicles within 10 days.

DUI Penalties for First Time Offenders

Jail Time
A first time DUI offender could face imprisonment of 48 hours in jail, however, the court may substitute a fine, require a treatment program and levy a 90-day license restriction, at the judge’s discretion.

Monetary Fines
The minimum mandatory fine for a first time DUI is $390.00.

Driving Privileges
A DUI conviction results in the suspension of driving privileges for 4 months.

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 1 year.

Probation
Probation may be required, at the court’s discretion, and typically lasts between 3 and 5 years.  During this time, the offender must not commit a criminal offense, drive with any measurable amount of alcohol, refuse to submit to chemical testing, or fail to pay a fine, restitution, or assessment fee.

Commercial Drivers
Commercial drivers are in violation of the DUI statute with a blood alcohol content (BAC) of 0.04.  A first time DUI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license. 

Alcohol Evaluation
Successful completion of a drug and alcohol program is required for reinstatement of driving privileges.       

DUI Subsequent Offenses
Penalties are increasingly more severe for any additional DUI violations.  Due to the complexity of DUI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide you through this emotionally challenging process.  Please contact a lawyer for an immediate, free consultation.