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.

 

Sponsored Advertisements


Note: All of our advertisers have family-friendly web sites. Our diverse group of advertisers include businesses, non-profit organizations, plus political, religious, financial, educational and personal web sites. While all of our sites and pages are safe for everyone, we do not necessarily share their viewpoints. Please also note that the advertisers below do not pay per click, but they simply pay a monthly fee to advertise. If you're interested in advertising on 27 web sites, click here to contact New Spirit Enterprises.


Online First Aid and CPR Certification  .  PB Happy Hour Specials  .  DHA Solutions  .  Improvising Made Easy For Guitar and Bass  .  San Diego Music Lessons  .  Home Equity Loans  .  First Aid and CPR Online  .  Blow Up Your Site (For Free!)  .  San Diego DUI Lawyers  .  Jason Gastrich  .  Jordan Faith Gastrich  .  Divorce Secrets Revealed  .  San Diego Soccer Training  .  10,000 Wise Quotes and Spiritual Sayings  .  Post Your Ad Link Free  .  The Skeptic's Annotated Bible: Corrected and Explained  .  JCSM  .  Download Sermons  .  Christian Singles Dating  .  Christian T-Shirts  .  Submit Christian Prayer Requests  .  Bumper Authority  .  Personalized Blogs and Email  .  San Diego Haircuts  .  The Do the Math Diet  .  Stop Twitter Spam  .  Christian Conservative Work at Home Network  .  The Website of the Lord