September 2017 Newsletter
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FAQs About California DUI Arrests
An arrest for driving under the influence (DUI) is a common occurrence that affects individuals from all walks of life. Unfortunately, the penalties for DUIs are severe under California law, and the repercussions for your personal and professional life can be great if you are convicted of a DUI. Let's look at some Frequently Asked Questions about DUI to see what will happen if arrested for DUI.

What is DUI?

The crime of DUI is committed when an individual drives while impaired by alcohol or drugs, or if a person's blood alcohol concentration (BAC) is 0.08% or higher.

Do I Have to Take a Chemical Test?

California law requires a driver to take a chemical test to determine the drug and/or alcohol content in their bloodstream if suspected of DUI. The chemical test is in the form of a breath test or a blood test. If the driver refuses to take a chemical test as requested, their driver's license can automatically be suspended for one year. If this is a second DUI within a ten-year period, then the driver's license can be revoked for two years. A third DUI and/or subsequent refusal to take a chemical test within ten years can result in the driver's license being revoked for three years.

Can I Drive After I Am Arrested for DUI?

If the BAC is 0.08% or higher, the law enforcement officer will confiscate the driver's license and will provide the driver with a temporary driver's permit that is valid for 30 days. After that temporary permit has expired, the  license will be suspended, unless a DMV hearing is requested.

Can I Fight My Driver's License Suspension?

A person arrested for DUI has only 10 days from the date of the DUI arrest to request a hearing with the Calfornia Department of Motor Vehicles (DMV) to contest the suspension of the driver's license. This hearing gives the person an opportunity  to show that there was no justification for the license suspension. If the DMV hearing is not scheduled, then the license will remain suspended. This is often referred to as the 10-Day Rule.

Can I Get a Restricted Driver's License?

A restricted driver's license allows a person to drive solely to and from work as well as to and from the alcohol education class that the person must enroll into in order to receive a restricted license. You can apply for a restricted driver's license at any DMV field office. A person accused of DUI may be eligible for a restricted driver's license if the following requirements are met:
  • It is a first offense.
  • The driver took a chemical test after the arrest was made.
  • The driver is at least 21 years of age.
  • The driving privilege is not suspended or revoked for any other reason.
What Can Happen to Me if I Am Convicted of DUI?

If convicted of a DUI, the sentence may include serving some time in jail, payment of fees and fines, attend a DUI alcohol program, attend a Victim Impact Panel, perform community service, a driver's license suspension, and serve a period on informal probation.

What Length of Time Will My Driver's License Be Suspended for a DUI?

If a chemical test is taken as requested and the BAC results are 0.08% or greater, the DMV can administratively suspend the driver's license for a four-month period for a first offense. A second offense within 10 years can result in a one-year administrative license suspension. This suspension period is independent of any license suspension that the court can order in sentencing for a  DUI conviction, which is normally for two years.

How Do I Get My Driver's License Back?

At the end of the driver's license suspension or revocation period, a $125 reissue fee must be paid to the DMV, proof of financial responsibility must be submitted (vehicle insurance), and the DUI alcohol program must be completed. If a driver is under the age of 21 and the license is suspended under the Zero Tolerance law, the driver's license can be suspended for 1 year but a driver under the age of 21 can apply for a restricted license by submitting a Critical Need to Drive (CND) application to the DMV. However, there are no guarantees that the DMV will grant the CND application.
 
Don't Hesitate to Call Us Today

A DUI arrest is a serious matter, but there are steps that we can take to help you through this difficult time. At the Law Offices of Virginia L. Landry , we understand how important it is for you to avoid the negative consequences that a DUI arrest and conviction can bring. Fortunately, there are defenses available and strategies that may help you reach a positive outcome in your case. Let us examine the facts surrounding your situation, evaluate your case, and work toward the outcome that you desire. Contact us at the Law Offices of Virginia L. Landry today at 1-877-DUI-Queen (1-877-384-7833) and schedule a time so that we can meet with you and discuss details of your case.
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Tips to Clean Up Your Criminal Record in California
Obtaining some jobs or pursuing some careers can be difficult or impossible if you have an adult criminal history. Background checks are a common requirement for many jobs, and if you have a criminal history, you may have a harder time getting a job. Depending on your situation, however, there are a number of different ways that you can potentially clean up your criminal record under California law. There are strict timelines within which you can take some of these actions, so it is essential that you determine your options for clearing up your criminal record as quickly as possible.

Sealing Arrest Records / Petition for Factual Innocence

You have the right to petition to have your arrest or detention records sealed if you were not convicted of a crime, and you can prove that you are innocent of the crime. You can only seal arrest records of a misdemeanor or felony crime, not an infraction. The procedure for sealing records depends on whether charges were filed against you and were later dismissed, you were found not guilty of the charges, or if charges were never filed against you. Typically, you must file your petition to seal records within two years from the date of the arrest or from the date that charges were filed against you, whichever is later. However, you may be able to file a petition at a later date if you had "good cause" for not filing the petition within that timeframe. If your petition is successful, then your records will be sealed for three years and then destroyed.

Expunging Criminal Records

Another way that you may be able to clean up your criminal history is through the expungement process . If you are convicted of a crime, you may be able to expunge your record, which means that an extra entry will be made on the record indicating that it was "dismissed." In essence, the expungement process withdraws your finding of guilt from the record, enters a "not guilty" plea, and then dismisses the charges. You are eligible for an expungement if the following requirements are met:
  • You successfully completed probation or were discharged before the end of your probationary period,
  • You are not serving a sentence or on probation for any other crime, and
  • You have not been charged with any other offense.
You may not be able to have your criminal records expunged if you were sentenced to state prison or if you were convicted of certain offenses, such as some sex-related crimes. You may not be able to file for an expungement for one or two years following the completion of your term of probation or your sentence, depending on the circumstances.

Applying for a Certificate of Rehabilitation and a Governor's Pardon

A Certificate of Rehabilitation (COR) is a court order stating that you are now rehabilitated. While a COR does not remove or change anything on your criminal record, it can help with applying for jobs, housing, or professional licenses. You may want to seek a COR if you are in one of the following situations:
  • You were convicted of one or more felonies, but had the case(s) dismissed or expunged.
  • You were convicted of one or more felonies and were sent to state prison.
  • You were convicted of one or more of a limited number of misdemeanor sex offenses.
There typically is a minimum waiting period of seven years before you can seek a COR (and longer for some offenses), during which you must stay out of trouble and make improvements in your life. Normally, you should seek an expungement before you seek a COR. If you receive a COR, it automatically becomes an application for a Governor's Pardon. A pardon is a statement by the governor declaring that you have taken all efforts necessary to return to the status of a law-abiding citizen and restoring some of your rights as a citizen that you may have forfeited when you were convicted of a crime. It is the best form of relief for your criminal record that you can get under California law. However, pardons are extremely rare and only granted in the most exceptional of circumstances.

Call Us for the Legal Representation That You Need

Aside from the punishment that the law provides for certain crimes, you also are likely to suffer other negative consequences from a criminal conviction. If you must undergo a background check when applying for a job, an employer may very well reject your application in favor of another applicant with no criminal history, even if you are otherwise qualified to do the job. This fact can make it extremely difficult to adequately support yourself and your family. Fortunately, there may be the potential for relief, depending on your situation. The knowledgeable and skilled attorneys at the Law Offices of Virginia L. Landry know how crucial it is to clean up a negative criminal history. Call to set up an appointment today at the Law Offices of Virginia L. Landry by calling 1-866-902-6880 or visit us online at www.orangecountycriminallaw.com.
A Note To Our Clients
  • To our current clients: Thank you for the opportunity to serve you during this difficult time.
  • To our future clients: We look forward to working with you in your time of need.
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Virginia Landry

Virginia L. Landry received her undergraduate degree from Northern Arizona University in 1982. She then went on to pursue her law degree from Western State University, graduating in 1988. The following year, Ms. Landry opened her own Law Office. As a nationally recognized Board Certified DUI Defense Attorney Specialist, Orange County Criminal Defense Attorney Virginia L. Landry, is able to practice law within all the California state courts and the Central District Court of the United States.

 

As a criminal defense lawyer with years of litigation and trial experience, Ms. Landry is fully prepared to handle criminal cases involving violent crimes, white collar crimes, theft crimes, sex crimes, juvenile crimes, drug crimes, weapons charges, and domestic violence. Attorney Landry has successfully represented clients facing a variety of complex misdemeanor and felony charges.


In addition to her current position as Regent for the National College for DUI Defense (NCDD), Virginia serves on the Board of Directors for the California DUI Lawyers Association  as its Secretary. Virginia is one of only a handful of attorneys across the nation who is Board Certified in DUI Defense. She has also received her  certificate of instruction , successfully training participants in DWI Detection and Standardized Field Sobriety Testing Student and Instructor courses.

 

Virginia Landry served on two committees and was on the Orange County Bar Association's Board of Directors for three years, is a past President and current member of the West Orange County Bar Association, is currently a Sustaining Member for the California Attorneys for Criminal Justice and is a member of the National Association of Criminal Defense Lawyers serving as Co-Chair of the DUI / DWI Committee. Other local bar associations include the North Orange County Bar Association, The Newport Harbor Bar Association, the South Harbor Bar Association, the Western State University Alumni Association and the Northern Arizona University Alumni Association.
Law Offices of  Virginia Landry