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DUI and DMV Problems
When you are arrested on a charge of driving under the influence there are numerous things you can and should do to protect your driving privileges, your pocketbook and your freedoms. Here are the steps you should take:
DMV Hearing
After your arrest, your driver's license is confiscated by the police. You are given a pink form, known as an Administrative Per Se driving privilege suspension form. You have ten days to request a hearing before the Driver Safety Division of the Department of Motor Vehicles. Your lawyer will request this DMV hearing within ten days of your arrest (assuming you contact him in time). If you win this hearing: you get your license back. If not, you will lose your driving privileges for one to four months. After one month of suspension your lawyer can advise you what to do to get a restricted driver's license, allowing you to drive to and from and at work and to and from a certified driving-under-the-influence school. A lawyer can markedly increase your chances of retaining your license even if you are guilty of driving under the influence. The issues at the DMV are different from those in court. They are highly technical and are more concerned with testing the conduct and procedures of the police involved in your arrest.
The DMV can suspend your driving privileges for many other reasons, including excessive traffic citations or accidents, mental problems, loss of vision, neurological problems. A lawyer can raise important challenges to these suspension and often regain lost driving privileges.
Court Procedures
The defense of a charge of driving under the influence is highly technical. It is as complex as any criminal defense process. It involves dozens of laws, thousands of criminal court decisions, and the use of many different experts to determine whether you are in fact legally guilty of this crime. Each case is unique and involve many possible defenses. Call our office to discuss the defenses in your case.
What If The Other Party Is Lying?
A party, including a police officer(!!), can lie, and many do, even under oath. Such lies amount to "perjury", a crime. Will they be punished? Rarely. Do we use their lies against them? Frequently.
How Long Will It Take?
If the client decides, after considering all options, to resolve the case with an agreement with the prosecution, the court case is usually over within two court appearances, usually two weeks apart. If the case is going to go to trial, it typically takes six months to two years to get to trial in a criminal matter. An exception is the situation where the client is incarcerated, cannot post bail, and speedy trial rights are demanded. In that case, a misdemeanor trial must occur 30 days from arraignment (reading the charges) and 60 days from arraignment in superior court for a felony trial (PC §1049.5). Most DUIs are misdemeanors. DMV hearings are usually held about one to two months after they are requested.
Why hire a lawyer?
Many people think it is a waste of money to hire competent legal counsel. They are wrong. You are facing potential jail sentence, up to a year. There are also substantial fines. The court can impose probation, community service, impoundment of your vehicle, installation of a device in your car that attempts to measure the alcohol in your breath to prevent you from starting your car, lengthy and expensive alcoholism schools and programs, and increased auto insurance rates. A good lawyer can make a difference and insure that you are getting the best result from a system that is stacked against the you.
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