The majority of California DUI arrests start with a traffic stop. Occasionally, California DUI arrests are the result of a checkpoint, or officers arriving after a collision. Once the officer has reasonable suspicion that you have been drinking you will be asked to perform field sobriety tests (FSTs) and blow into a breathalyzer two times. After you have been arrested you will be given the option of another breath test, or a blood test. Under California’s implied consent law if you refuse to do both tests you will face a one year driver license suspension and harsher criminal penalties.
There are two types of DUI arrests, misdemeanors and felonies. Most of the time, if you are arrested for misdemeanor DUI you will be released the same day. If you are arrested for felony DUI you will likely have to post bail. You will receive two documents, a pink slip, which is your temporary license, and a notice to appear in court for your arraignment. If you have a California drivers license it will usually be confiscated, and sent to the DMV. If you have an out of state license it should not be confiscated, however officers sometimes take it anyway.
If you are arrested for DUI and your blood alcohol content was a 0.08% or higher, the DMV will take action against you California drivers license independent of, and regardless of the outcome of your criminal case.
If you do not contact the DMV within 10 actual days (opposed to business days) of your arrest your drivers license will automatically be suspended and you will lose your right to a hearing regarding the suspension. The contact number is located on the top right corner of the pink temporary license that you are provided when you are released from the police station.
Typically your attorney will schedule the hearing, and have it set out for a period of time to prepare. Your attorney will conduct the hearing on your behalf, in an effort to prevent your license from being suspended. It is also an opportunity for your attorney to cross examine the arresting officer, and help prepare the defense in the criminal case.
The DMV hearing is conducted by a DMV hearing officer, who only has to show that you were lawfully stopped, were driving, and had a blood alcohol content of 0.08.
After the DMV hearing, a notice regarding the hearing officers ruling will be sent out within roughly one month. On a first time misdemeanor DUI you will likely qualify for a restricted license after 30 days. If you win the DMV hearing your license will not be suspended.
Note: a DUI conviction will result in a license suspension regardless of the outcome of the DMV hearing. For this, and many other reasons, I do whatever I can to get your case pled down from a DUI.
The Court Process
A DUI arrest typically triggers two criminal charges, Vehicle Code 23152(a) - driving while under the influence of an alcoholic beverage, and Vehicle Code 23152(b) - driving with a blood alcohol content of 0.08 or higher.
On a misdemeanor DUI, I will be able to appear at all court dates on your behalf, unless the case goes to trial, or the judge orders your presence. DUI cases can take several months to resolve, and during this time I will obtain and evaluate evidence, file necessary motions and negotiate with the judge and prosecutor to get you the best outcome possible. If a resolution is not abel to be reached the case will go to jury trial.
Contact Us Now
If you or a loved one are facing criminal charges I invite you to contact the Law Office of Miles Booth by calling 424 272 1134 or emailing me at email@example.com.
I will provide you with a free case evaluation to help you determine the best available options for your case, as well as what steps we can take to help ensure your freedom.