Did you get a DUI in San Diego, California? Sounds like you
need a California DUI lawyer, but you're not
alone. Hundreds of people get DUIs in San Diego each year.
There are lots of great California DUI attorneys, so there
is no need to worry. Some say California has the best DUI
lawyers!
Will your license be suspended?
It depends on many factors. First, securing DUI defense
lawyers would be wise. As I was saying before, there are
many great Southern California DUI lawyers. Here are some important
guidelines (below) for those who have gotten a DUI in San
Diego.
You want to pay the
smallest fine, without your insurance going up, and you want
to get back on the road immediately. How likely is that?
Driving under the influence is a serious crime, so please
see below for California's guidelines from the DMV in order
to know what is best to do.
DUI in San Diego
- What Happens Now?
First,
get a lawyer! From personal experience, when I was just 20
years old, I got a DUI. I was supposed to automatically lose
my license for a year, plus I blew a .15 in the machine, so
it could have been two years. However, my lawyer got me just
6 months and some community service!
I've just been arrested for DUI. What
happens now?
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.
At the
time of my arrest, the officer confiscated my driver
license. How do I get it back?
Your driver license will be returned
to you at the end of the suspension or revocation, provided
you pay (on or after January 1, 2003) a $125 reissue fee to
the DMV and you file proof of financial responsibility. The
reissue fee remains at $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 license will be issued or returned
to you.
The
officer issued me an Order of Suspension and Temporary
License. What am I supposed to do with this document?
You may drive for 30 days from the
date the order of suspension or revocation was issued,
provided you have been issued a California driver license
and your driver license is not expired, or your driving
privilege is not suspended or revoked for some other reason.
The
Notice of Suspension that the officer gave me at the time of
my arrest states I have ten days to request an
administrative hearing. What is the purpose of this hearing
and what can it do for me?
A hearing is your opportunity to show
that the suspension or revocation is not justified.
For how
long will my driving privilege be suspended if I took the
chemical test?
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:
- A first offense will result in a
4-month suspension.
- A second or subsequent offense
within 10 years will result in a 1-year suspension.
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.
Do I
need a hearing to get a restricted license to go to and from
work?
No. A request for a restricted license
cannot be considered at the DMV hearing. You may apply for a
restricted license to drive to and from work at any DMV
field office.
The officer stated I refused to take a chemical test. What
does this mean?
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:
- The officer suspects you were
driving under the influence of drugs or a combination of
drugs and alcohol, or
- Both the blood or breath tests
are not available, or
- You are a hemophiliac, or
- You are taking anticoagulant
medication in conjunction with a heart condition.
How long
will my driving privilege be suspended for not taking the
chemical test?
If you were 21 years of older at the
time of arrest and you refused or failed to complete a blood
or breath test, or (if applicable) a urine test:
- A first offense will result in a
1-year suspension.
- A second offense within 10 years
will result in a 2-year revocation.
- A third or subsequent offense
within 10 years will result in a 3-year revocation.
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 first offense will result in a
1-year suspension.
- A second offense within 10 years
will result in a 2-year revocation.
- A third or subsequent offense
within 10 years will result in a 3-year revocation.
How is
the DMV suspension or revocation for the DUI arrest
different from the suspension or revocation following my
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
court is a mandatory action for which jail, fine, or other
criminal penalty can be imposed.