Any driver convicted of a DUI in California must attend DUI school within three weeks of sentencing. You must have a court order or notice of suspension from the DMV to enroll in a DUI program. An experienced DUI Attorney from the DUI hotline can advise you on the basics of fulfilling DUI school requirements. Drivers may qualify for a restricted license while attending a DUI class. Contact your DUI attorney for more information on the advantages of a successfully completed DUI class. Continue reading
After you’ve been charged with a DUI, the arresting officer will give you a “suspension revocation order and temporary driver license” form. You have 10 days after receiving this form to request a DMV hearing. Once the DMV hearing officer determines that the arrest was lawful and that you had above .08% BAC (blood alcohol content) according to your body weight, a court date, called an arraignment, will be set. Hiring a DUI attorney to guide you through this process is the best way to avoid jail time for drunk driving.–. Most people Continue reading
No one ever expects to be arrested for a DUI, but it can happen to anyone. You should take advantage of seeking free advice from a DUI Attorney who specializes in keeping your license, your job, and your reputation.
FREE CASE EVALUATION
Any driver convicted of a DUI in California must attend DUI school within three weeks of sentencing. You must have a court order or notice of suspension from DMV to enroll in a DUI program. An experienced DUI Attorney from DUI hotline can advise you on the basics of fulfilling DUI school requirements. Drivers may qualify for a restricted license while attending a DUI class. Contact your DUI attorney for more information on the advantages of a successfully completed DUI class.
You must request a DMV hearing within 10 days of you arrest or you will automatically have your license suspended by the DMV after you 30 day temporary license expires.
At DMV hearings we are fighting to keep the DMV from suspending your right to drive in California. We are highly experienced in DMV hearings and can win your DMV hearing to save your license.
In most cases, our clients will not be needed at DMV hearings. We win these hearings through technical legal argument.
We, in essence, fight to keep documentation out of the hearings. If we are successful in these arguments we tend to win the hearing. If we win the DMV hearing than your license will not be suspended after the hearing.
If we lose the DMV hearing your license will be temporarily suspended. In many cases, however, we can shorten drivers license suspensions and to get you a restricted license, allowing you to drive for work so you can get on with your life.
In rare cases, we will ask our clients to testify in order to win the DMV hearing. In these cases you should not be concerned. You will have an experienced attorney explaining the process to you and fighting for you when you testify at the DMV hearing.
The California DUI case against you may not be as strong as it seems
Were you given a chemical test for drugs or alcohol? California DUI chemical testing is not foolproof. For example, did you know that right now there is an issue with a Riverside crime lab analyst that calls into question literally everything that he touched? A good California DUI lawyer will be on top of all of the latest issues that might benefit your case. If you are not represented, or if you choose the wrong lawyer, you may never learn about scandals within police departments, evidence contamination issues, breath machine failures, missing, disciplined, injured or retired police officers, and many other things that could literally make the difference between your conviction and acquittal or dismissal.
Chemical Testing in California Drunk Driving Cases
In California, all three chemical tests are used (blood, breath,and urine). Urine testing is used to determine drug levels present in a DUI suspect’s system. A person arrested for DUI has the choice of whether they will submit to a breath test or a blood test if suspected of impairment by alcohol, or blood or urine if suspected of impairment by drugs.
Independent testing: A DUI suspect is permitted to have an independent test performed at his/her own expense, or have an additional test be performed at his/her own expense.
Breath testing: Both portable breath testing as well as evidentiary breath testing is done in California. Several different evidentiary breath testing machines are used in California. Which machine will be used in your case will depend on where you are pulled over for DUI, and which police station you are taken to. The following machines are used in California: The BAC DataMaster (Los Angeles County), the Intox EC/IR (Los Angeles), the Draeger Alcotest 7110 (San Bernardino and Riverside County), the Draeger Alcotest 7410 (Orange County), the Intoxilizer 5000 (Long Beach), the Intoxilizer 8000 (San Diego). All breath testing machines work basically the same way – a suspect will blow into the machine and a reading printout indicating the suspect’s BAC will be provided. Breath testing is the most commonly used chemical test in DUI cases, but it is also the most unreliable way to measure BAC. Experienced DUI defense attorneys know how to attack the credibility of the machine’s results. If you have been arrested for DUI and you provided a breath sample, contact one of our pre-screened DUI defense attorney’s in your area.
Do You Want A Lawyer Who Specifically Focuses on Second DUI and Multiple DUI Offenses?
When arrested for a second DUI, you will need an aggressive and experienced 2nd DUI Attorney or second DUI Lawyer to help keep you working, driving, and out of jail. Know that a 2nd DUI, 3rd DUI, or 4th DUI – Felony arrest is a very, very serious offense and depending on the circumstances of your arrest as well as the jurisdiction where you were arrested, you may be facing 48 hours and up to multiple years jail and/or prison time. With the right second DUI attorney, you can stay out of jail and keep your license even while facing your 2nd DUI.
While your first DUI arrest may have been embarrassing, your 2nd DUI arrest will be a life altering event. Depending on the jurisdiction where you were arrested, a second DUI can have all or some of the following DUI consequences:
- 1-2 Years Driver License Suspension
- 96 Hours up to 1 year jail.
- Court Fines in Excess of $2,500.00 +
- 18 Month Alcohol School
- In Patient/Out-Patient Rehab
- MADD Victim Impact Panel
- Morgue Program
- Community Service
- 3-5 years Probation, Formal or Informal
Your DMV Hearing is the Most Important Tool To Fight Your 2nd DUI
For most 2nd DUI cases, your DMV hearing is the most important tool to help fight your Second DUI. The DMV hearing is administrative proceeding where your DUI Attorney can subpoena records, such as: the calibration and maintenance records of the breath test device you used, the patrol video and/or audio recording of your arrest, 911 and/or dispatch tapes, and even the arresting officer and/or witnesses.
Prior to the DMV hearing, all the evidence will be reviewed in order to ascertain any legal defenses available that may result in avoiding a 2nd DUI conviction.
Defendants who have been arrested for driving under the influence face a multitude of penalties if convicted. The penalties that a defendant receives depend on the specific aspects of the defendant’s unique case. However, individuals who are convicted of a misdemeanor or felony DUI face the possibility of severe consequences, including:
- Jail or prison time
- Extensive fines
- Alcohol treatment programs
- Ignition interlock device requirements
- License suspensions or revocations
- Insurance cancellation or increase
If a person has had one or more prior DUI convictions within the last 10 years, was traveling at an excessive rate of speed, traveling with a minor under 14 years of age, refused to take a chemical test as mandated by the implied consent law, or had a blood alcohol content level of .15 percent or higher, he or she is facing harsher penalties. If the person was involved in a multi-car accident and/or left the scene and/or caused injury to any passengers, he or she may face more severe penalties. If convicted of a felony DUI, the sentence can also include substantial time in state prison. If you have been charged with a DUI, our DUI defense attorneys can help. The lawyers at 888-DUI-HOTLine understand the seriousness of being arrested for DUI and are committed to helping individuals in need.
How is the DMV hearing different from the court trial for DUI?
The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. Only the following issues will be discussed:
If you took a blood or breath or (if applicable) a urine test:
- Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?
- Were you placed under lawful arrest?
- Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?
If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:
- Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?
- Were you placed under lawful arrest?
- Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
- Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?