DUI Arrests are Time Sensitive
If you are arrested for DUI, you only have 10 days to request a DMV hearing. There are two advantages to requesting a hearing. First, your license will remain valid until at least the hearing date and it will not be suspended automatically 30 days after your arrest. The second advantage is it gives your attorney an early look at the evidence against you. Typically, the first court date after arrest occurs about 30-45 days later and generally, an attorney is not entitled to look at the evidence against you until the first court date. A request for a DMV hearing usually causes the police reports to be produced before your court appearance and your attorney can asses the strengths and weaknesses of the case.
DUI Process
There are two separate proceedings that occur when an individual is arrested for drunk driving: the criminal court proceedings and a separate and independent proceeding conducted by the California Department of Motor Vehicles.
DUI is generally a misdemeanor charge but may be charged as a felony if the driver is involved in a collision and someone is injured. A felony may also be charged if the individual has multiple DUI convictions over the course of the preceding ten years.
DUI convictions can have serious consequences including incarceration, loss of driving privileges, fines, mandatory participation in drug or alcohol programs and possible civil exposure , and insurance issues.
There are many strategies that can be employed to help the DUI driver, particularly the first offender. Mark Johnson examines the legality of the arrest and whether a challenge to the legality of the stop and procedures used to collect and analyze evidence are available.
Here is a useful link for more information on California DMV drivers' license suspension.
If you are arrested for DUI, you only have 10 days to request a DMV hearing. There are two advantages to requesting a hearing. First, your license will remain valid until at least the hearing date and it will not be suspended automatically 30 days after your arrest. The second advantage is it gives your attorney an early look at the evidence against you. Typically, the first court date after arrest occurs about 30-45 days later and generally, an attorney is not entitled to look at the evidence against you until the first court date. A request for a DMV hearing usually causes the police reports to be produced before your court appearance and your attorney can asses the strengths and weaknesses of the case.
DUI Process
There are two separate proceedings that occur when an individual is arrested for drunk driving: the criminal court proceedings and a separate and independent proceeding conducted by the California Department of Motor Vehicles.
DUI is generally a misdemeanor charge but may be charged as a felony if the driver is involved in a collision and someone is injured. A felony may also be charged if the individual has multiple DUI convictions over the course of the preceding ten years.
DUI convictions can have serious consequences including incarceration, loss of driving privileges, fines, mandatory participation in drug or alcohol programs and possible civil exposure , and insurance issues.
There are many strategies that can be employed to help the DUI driver, particularly the first offender. Mark Johnson examines the legality of the arrest and whether a challenge to the legality of the stop and procedures used to collect and analyze evidence are available.
Here is a useful link for more information on California DMV drivers' license suspension.