OC DUI Attorney

What You Need to Know if You’ve Been Charged With DUI

If you’re like many people who have been charged with DUI, or driving under the influence, you probably always thought “It will never happen to me.” You’re a safe driver, and a responsible drinker, and you always make sure never to drive under the influence. Yet, somehow, you were pulled over, and more surprisingly, you were charged with DUI. Now you find yourself looking for a good OC DUI attorney, and wondering what happens next.

It’s important to understand what your rights are, and what’s likely to happen. Under California law, once you’ve been charged with DUI, the arresting officer must send a copy of your suspension or revocation notice to the Department of Motor Vehicles (DMV), along with a sworn report. Once received at the DMV, an administrative review is conducted. The DMV will review the report, suspension or revocation order, and evidence such as Blood Alcohol Content (BAC) results. Based on this information, the DMV will decide whether or not to uphold the suspension. If they do decide to uphold the officer’s decision, you and your OC DUI attorney have ten days to request a hearing to contest their findings, unless your attorney successfully moves to have the date extended.

At the time of arrest, the arresting officer will confiscate your Driver’s License and issue you with a Temporary License. Assuming your Driver’s License was valid at the time of arrest (meaning there were no prior suspensions and your License hadn’t expired), this Temporary License is valid for 30 days from the time the suspension or revocation order was issued. This provides time for the DMV’s decision to be made, and if necessary, for you and your OC DUI attorney to file for a hearing.

If your bid to have the charges dismissed is unsuccessful, California law presents guidelines that can tell you how long your license will be suspended for. Assuming that you are 21 or older, and your BAC was .08% or higher, California law provides for a four-month suspension for a first offense. If this is your second offense (or higher) within a seven year period, your license will be suspended for one year. It’s important to remember that you are required to submit to chemical tests that determine your BAC; failure to do so will result in longer suspension terms: one year for a first offense, two for a second offense, and three years for a third or higher offense. However, with the assistance of a skilled OC DUI attorney who is familiar with the law and proceedings, these suspension periods could be greatly reduced.

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