DUI
Understanding DUI: What You Need to Know
If you’ve recently been charged with a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated), it can feel overwhelming. Navigating the legal system and understanding your rights are crucial to ensuring the best possible outcome for your case. A DUI charge has two distinct parts: an administrative component handled by the Department of Motor Vehicles (DMV) and a criminal component handled by the courts. This article will help you understand the process and the steps you should take.
DUI Administrative and Criminal Components
When a driver is arrested for a DUI, the process involves two separate parts: administrative and criminal. The administrative aspect falls under the jurisdiction of the DMV and relates to the suspension or revocation of the driver’s license. The criminal aspect, on the other hand, involves the court system and includes fines, possible jail time, and other penalties.
The DMV process starts when a law enforcement officer requests a driver to provide a breath, blood, or urine sample for chemical testing. This is known as the chemical test, and it determines the blood alcohol content (BAC) or drug levels in the driver’s system. In most states, refusing to provide this sample results in an automatic suspension of the driver’s license due to “implied consent” laws.
Implied Consent means that by obtaining a driver’s license, drivers have already agreed (implicitly consented) to submit to chemical testing if a law enforcement officer suspects them of being under the influence of alcohol or drugs. Failure to comply with this policy will likely result in an automatic license suspension. In most states, drivers who refuse testing are not eligible for a restricted or temporary license during the suspension period, which means they may be unable to drive until the suspension is over.
What Happens After a DUI Arrest?
After being charged with a DUI, there are several crucial steps to take to protect yourself and your rights. It starts with the police issuing an Order of Suspension/Revocation, which serves as a notice that your driving privileges will be temporarily revoked. If you have a valid California driver license, the officer may take it away and give you a temporary license that allows you to drive for 30 days from the date of your arrest.
After those 30 days, the license suspension goes into effect unless an action is taken to challenge the suspension. If you were not served with an Order of Suspension by the officer at the time of your arrest, the DMV will mail one to your address.
The DMV will also automatically conduct an administrative review to determine whether the suspension/revocation is justified. This review will include an examination of the police officer’s report, chemical test results, and any relevant documents.
Fighting the Suspension/Revocation
After receiving an Order of Suspension/Revocation, you have 10 days to request a hearing with the DMV to contest the suspension. This hearing is critical if you want to fight to keep your license. The DMV will conduct a telephone hearing unless you specifically request an in-person hearing. If you don’t request a hearing within 10 days, the suspension/revocation automatically goes into effect.
During the hearing, the DMV will determine whether the officer had reasonable cause to believe you were driving under the influence, whether you were lawfully arrested, and whether you refused or failed to complete a chemical test if required to do so. This administrative process is independent of any criminal court proceedings and penalties.
You have the right to be represented by an attorney at the DMV hearing, and you can also present your own evidence and question witnesses. If you want to have the arresting officer present, you may request a subpoena to ensure they attend the hearing. A DMV hearing can be complicated, and having an experienced DUI attorney represent you can greatly increase your chances of a favorable outcome.
If the DMV finds in your favor, the suspension will be set aside. You will be notified in writing if this is the case. If the suspension is upheld, you may have the right to request a Department Review for a fee of $120.
DUI Criminal Court Process
In addition to the DMV hearing, you will have to appear in criminal court. The criminal case is separate from the DMV’s administrative process and can lead to additional penalties, including fines, community service, alcohol education programs, probation, or even jail time.
First-Time DUI Offenders: If this is your first DUI offense, the court may impose a variety of penalties, including fines, mandatory attendance at DUI school, probation, and community service. Depending on the circumstances, you may also face jail time, although many first-time offenders are eligible for alternatives to incarceration.
Repeat Offenders: If you have prior DUI convictions, the penalties are significantly more severe. You may face longer jail sentences, larger fines, and mandatory installation of an ignition interlock device (IID) in your vehicle. Repeat offenders also have to attend longer DUI education programs and may face extended license suspension periods.
If you refuse a chemical test, you may face even harsher penalties. Refusal often results in a one-year license suspension for a first offense, in addition to any penalties imposed by the court if you are found guilty of DUI. Refusing a chemical test while on DUI probation or with prior DUI convictions can result in even longer suspensions and harsher penalties.
In some cases, drivers who refuse chemical testing may not be eligible for a restricted license during their suspension period. This means that you would be unable to drive for any reason, including going to work, school, or medical appointments. It’s important to understand that refusing a chemical test often results in more severe consequences than if you took the test and had a high BAC level.
Restricted License Eligibility
Under some circumstances, individuals whose licenses have been suspended after a DUI may be eligible for a noncommercial restricted driver license. This allows limited driving privileges, such as driving to work or attending a court-mandated alcohol education program.
Eligibility for a restricted license depends on several factors:
First Offense: To qualify, the driver must not have had any other DUI-related offenses within the last 10 years.
Enrollment in a DUI Program: The driver must enroll in a state-approved DUI First Offender program and provide proof of enrollment to the DMV.
Proof of Financial Responsibility: The driver must provide proof of financial responsibility, which often involves submitting an SR-22 insurance form or obtaining a bond.
Payment of Fees: A reissue fee of $125 must be paid to the DMV before a restricted license will be issued.
Waiting Period: The driver must serve a mandatory 30-day suspension period before applying for a restricted license.
Importance of Legal Representation
The consequences of a DUI conviction can be serious and long-lasting. Beyond the potential for jail time, heavy fines, and a suspended driver’s license, a DUI conviction can lead to increased insurance premiums, a permanent criminal record, and even limitations on future employment opportunities.
If you have been charged with a DUI, it’s crucial to seek legal counsel immediately. An experienced DUI attorney can help guide you through both the administrative and criminal components of your case, represent you at the DMV hearing, and work to minimize the impact of the charges in court. In many cases, a skilled attorney can negotiate reduced charges or alternative sentencing options, particularly for first-time offenders.
A DUI conviction is not something to take lightly. It can affect multiple areas of your life, including your job, finances, and personal relationships. An experienced attorney can help reduce the stress of dealing with your DUI case and ensure that you are aware of all your options.
Contact Us for Help with Your DUI Case
If you or a loved one has been charged with DUI, we are here to help. Our experienced DUI attorneys understand the complexities of both the administrative and criminal components of a DUI charge. We offer free consultations to evaluate your case, provide guidance, and help determine the best course of action.
We know that every case is unique, and our goal is to provide personalized representation that meets your specific needs. Don’t let a DUI charge define your future—contact us today for a free consultation and take the first step towards protecting your rights and regaining control of your life.
To learn more, visit us at our website.