After a DUI arrest in California, will my driver's license be suspended or revoked?
Generally speaking, the DMV will suspend your license after a DUI arrest, even before the case ends up in criminal court. If you are validly arrested for DUI and (1) you refuse to give a breath or blood sample OR (2) you submit a sample and the blood alcohol concentration result is above a certain level, the DMV will move to suspend your license. This is true even if no criminal charges are filed or even if you're found not guilty at a criminal trial. With drugs, you can be suspended if you 1) refuse or 2) you are convicted of the DUI in criminal court. The DMV suspension system is completely separate from criminal court, and you may find yourself needing help in both matters. If you or your lawyer challenges the suspension and wins at the evidence hearing, the suspension can be cancelled. See below.
Can I stop my Driver's License from being suspended after a DUI arrest?
Yes! But you have to act fast! You or your attorney must REQUEST A HEARING WITH DMV to contest your drivers license suspension WITHIN 10 DAYS OF YOUR ARREST! If you properly request a hearing, your suspension will be delayed and your case will be set for a hearing in front of the DMV where your attorney will argue against your suspension. Depending on the result of the hearing, the suspension can either go into effect or can be cancelled "or set aside."
What happens after a DUI arrest?
If you are arrested for drunk driving, what happens next depends on the facts and circumstances. You may be release on your own recognizance, or you may have to post bail to secure your release. If the police are submitting your case to DMV for your license suspension, you should receive notice of that. You will also receive a notice to appear for a future court date, likely within a matter of weeks. During this time period, you should be looking for a lawyer to represent you. It is possible that your court date may come around and charges have not bee filed yet, but unfortunately this does not mean that your case is completely over. Often, the prosecutor may need more time to wait on additional evidence, such as waiting for blood results or toxicology reports to come back from the lab. For a misdemeanor, the statute of limitations for a DUI is one year, meaning the prosecutor has one year from the date of your offense to file charges. For a felony, the statute of limitations is longer, and can be much longer, depending on the aggravating factors in the case that could give rise to additional charges or allegations.
Is a DUI a misdemeanor or a felony ?
Driving Under the Influence can be charged as a misdemeanor or a felony. A misdemeanor's maximum sentence is 1 year in jail, while any crime that is punishable by more than 1 year in jail or prison is a felony. If nobody is injured and it is your first offense, you would likely be facing a misdemeanor charge. However, if your DUI arrest involved injury or death to another person, or you have prior offenses for DUI, you could be facing a felony charge.
Can I beat a DUI charge in California?
It is possible to beat a DUI charge, although it is not by any means an easy process. It will require a thorough understanding of the law and a thorough understanding of the technical nature of police investigation, field sobriety tests, chemical tests, and the science behind blood or breath evidence. Having an expert understanding of this is critical to identifying errors (technical or human-made errors) to highlight the unreliability of the results.
Aside from errors or unreliable test results, a DUI client may have had their constitutional rights violated. This happens more often than you might imagine. A violation can lead to the inadmissibility of some or all evidence, including blood or breath evidence. Without sufficient evidence, the case could be dismissed, or a jury may return with an acquittal.
You will need an experienced attorney to help you beat a DUI. These cases can be highly technical, as much as legally complex.
Can I just plead guilty to DUI?
An arraignment is a hearing where the defendant can plead guilty, no contest, or not guilty. It would be a mistake to plead guilty or no contest at this time, especially without the counsel of an experienced Los Angeles or Orange County DUI lawyer, and there are multiple reasons for this.
- If you plead guilty or no contest immediately, you lose any opportunity to fight the DUI charge.
2. If you plead guilty immediately, you also lose any opportunity for a plea deal, if that is what would be best in your unique circumstances. You may be able to plead down to a lesser offenses.
3. Your plea on your own will put in great jeopardy your immigration status or ability in the future to get a professional license, for example with the state bar, the nursing board, or medical board, or your ability to be employed in law enforcement or national security. A DUI conviction can also prevent you from travelling internationally.
If it's your first DUI charge, it can be tempting to plead guilty right away so that you can get the case over faster and get on with your life. This is dangerous thinking for ANY criminal case, but especially dangerous for a DUI charge.
Do I need a lawyer in California to win my DUI case?
If you plan to fight your drunk driving charges, it is in your best interest to have an attorney represent you. The law is complex. The evidence is highly technical and scientific. Police and state expert testimony can be damaging. All these things can lead to a conviction, unless you have the necessary skills and knowledge to successfully counter them. Simply put, you need an attorney in order to succeed.
A DUI offense is challenging, but the client always stands a shot at a good outcome if they have the right attorney. Attorney Adam Klugman has successfully handled DUI charges and suspension issues for 18 years.