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.