Frequently Asked Questions

You must contact the DMV to request an Administrative Hearing to challenge your suspension and to request a stay on the suspension of your driver’s license.  You only have 10 calendar days to request that hearing. If you are considering hiring a lawyer to help you through your DUI charge you should contact a reputable DUI expert lawyer as soon as possible.   “Learn How To Save Your Driver’s License”

VC 23152(a) requires proof that you drove a vehicle impaired by alcohol.

VC 23152(b) requires proof that you drove with an alcohol level above a .08%.

VC 23152(e) requires proof that you drove while impaired to an appreciable degree by a drug.

VC 23152(f) requires proof that you drove while under the combined influence of alcohol and a drug.

VC23153(a)-(f) apply to DUI charges where another person is injured and may be charged as a misdemeanor, a felony or a violent felony with great bodily injury.  (Read More)

Click Here To Learn More About Your DUI Charge

There are many issues which can lead to a suspension being set aside by the DMV.  Attorneys who specialize in DUI defense can also guide you through the process in ways that will reduce any suspension imposed by 50-75%.  (Read More About How To Save Your License)

If you are charged with a felony, you will be required to appear at all court appearances unless your attorney files a waiver with the court excusing you from attending specified hearings.

If you were charged with a misdemeanor, and you have retained a lawyer, your lawyer can make the court appearances for you in most cases. If your case goes to trial you would normally be required to be in court.  (Read More About What Will Happen In Court And Why You Might Want A Lawyer)

If you’re under 21, the Zero Tolerance 0.01% Standard applies and you will face a one year driver’s license suspension from the DMV.  You can petition for a “critical need to drive” restriction from the DMV but these are rarely granted without the help of an attorney.

On the Court side, you could be charged with  VC 23136 (0.01% or more); VC 23140 (0.05% or more) or VC 23152 (0.08% or more).  If you were under 18, your case will be heard in the juvenile court.  Judges also have the power to grant a “critical need to drive”. (Read More About Zero Tolerance)

DMV license suspensions range from four months to three years depending upon your age, the amount of separate convictions or administrative actions you have and whether you refused a chemical test.

The court will also suspend your license upon being convicted of a DUI. Court suspensions range from six months to four years.

An attorney who specializes in DUI defense can guide you through the process in ways that can cut your actual suspension by as much as 75%.. (Read More about how to   “Save Your Driver’s License”)

The consequences for willfully refusing to take a chemical test are serious. If the refusal is upheld by the DMV, you will receive a suspension of (1) to (3 )years without restriction eligibility.  There are many ways to challenge a refusal.  Were you lawfully detained and arrested? Did the police officer give you a proper admonition? Were you given a choice of tests?  Did your words or conduct amount to a refusal?  Did the officer in any way create confusion about your rights or responsibilities?  Did the officer obtain a valid warrant?  Was your blood taken in a medically approved manner?

Read more about Challenging Blood  Tests

Being an out-of-state resident and being charged with a DUI in California presents many logistical problems and consequences not only in California but in your home state.  It is critical to have an attorney who can analyze the consequences of a conviction in California on your license in your home state and coordinate any potential consequences to minimize the impact of your DUI.   This is especially true if you have any DUI convictions from out of state with in the last 10 years.  (Learn More Out of ?State Residents And Licensing Issues)

There are over 51 regulatory Boards in the State of California that have oversight over professionals who are licensed in the State of California. Each of these agencies has their own regulations and reporting requirements. Many of the regulatory Boards require professionals to give their fingerprints through the live scan procedure. If you have done so, you can be assured that your board will receive a notice of an arrest for DUI. Most boards do not require you to notify them of an arrest for DUI.  Most boards do require notification of the filing of a felony complaint or indictment or the conviction of any crime including misdemeanors. If you are a licensed professional charged with DUI, it is critical for you to seek out an attorney who is specialized in DUI defense and is familiar with professional administrative licensing practices. (Learn More About  Consequences For Professionals With A DUI)  

Breath testing for DUI enforcement has been around for a long time.  In order for the test to be accurate, precise and reliable they must be performed properly on equipment that is calibrated  and the sample must be obtained and analyzed according to excepted scientific procedures.  Forensic alcohol testing assumes that the subject is a normal healthy individual.  There are innumerable medical conditions which would make an individual an inappropriate subject for the chosen test

Read more about Challenging Breath Tests

Being an out-of-state resident and being charged with a DUI in California presents many logistical problems and consequences not only in California but in your home state.  It is critical to have an attorney who can analyze the consequences of a conviction in California on your license in your home state and coordinate any potential consequences to minimize the impact of your DUI.   This is especially true if you have any DUI convictions from out of state with in the last 10 years.  (Learn More) Out of State Residents And Licensing Issues

There are over 51 regulatory Boards in the State of California that have oversight over professionals who are licensed in the State of California. Each of these agencies has their own regulations and reporting requirements. Many of the regulatory Boards require professionals to give their fingerprints through the live scan procedure. If you have done so, you can be assured that your board will receive a notice of an arrest for DUI. Most boards do not require you to notify them of an arrest for DUI.  Most boards do require notification of the filing of a felony complaint or indictment or the conviction of any crime including misdemeanors. If you are a licensed professional charged with DUI, it is critical for you to seek out an attorney who is specialized in DUI defense and is familiar with professional administrative licensing practices. (Learn More About  Consequences For Professionals With A DUI)  

If you have a separate conviction or administrative suspension for DUI related offenses including an alcohol related (wet) reckless driving you will be facing longer jail time, longer license suspensions and increased bail.     In orange county for example district attorneys will be asking for 60–90 days in jail for a 2nd offense;180 to to 364 days in jail for a 3rd offense and prison for a 4th or greater offense.  With so much at stake, you need an experienced DUI lawyer to navigate you through this critical time in your life.  (Find Out More about Multiple Priors and Sentencing)

Driving on prescribe medications in California is very dangerous because the state has no set per se levels to determine impairment. This is because that cannot be scientifically done. Each individual has their own unique tolerance to prescribe medication and drugs act differently than alcohol.  Many people think that if they have a prescription from a doctor for their medication they have a defense to a charge of driving while under the influence of that medication. Unfortunately they do not! A prescription is a defense  to a possession charge or H&S 11550 (Being under the influence of a controlled substance) which carries a mandatory minimum 90 day jail sentence.  (Find Out More About DUI Drugs)  

With so much at stake, finding the right DUI lawyer is critical.  Be sure that the attorney you choose is “Board Certified in DUI Defense” under the Rules of The American Bar Assn.  Is the Attorney a “Specialist Member” of the California DUI Lawyers Assn.  Is the attorney an Author of a DUI Defense treatise like “California Drunk Driving Law”?  Has the attorney served as an Officer or Director of a DUI Organization like the National College for DUI Defense?  Has the attorney  been selected as a “Superlawyer” for DUI Defense.  (Learn More About Selecting You DUI Lawyer.  and why to hire Barry T. Simons 

The Law Office of Barry T Simons offers a free, no cost, DUI consultation and DUI case evaluation. Please call  949–497–1729 or complete a confidential DUI contact form to schedule an appointment with the DUI lawyers of the Office of Barry T Simons  Contact US