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While fines and jail time are certainly on the table after a DUI arrest in California, perhaps the most painful penalty in play is the loss of your ability to drive. In a country and state where driving is essential for family, professional, and everyday life, losing your driver’s license is an extremely severe penalty. This article explains how to protect your license after an arrest for Driving Under the Influence:
When you are arrested for Driving Under the Influence, your livelihood and freedom are at risk because you will invariably face a driver’s license suspension during your DMV hearing or after a conviction.
To save it, you need a competent, experienced attorney who understands how to confront the DMV and its procedures.
At the DMV, you will not be dealing with a judge; these hearings are not the same format people are used to in a courtroom. It is a unique environment where you absolutely need an experienced DUI attorney who is familiar with the DMV and the evidence required to prevail and maintain your driving privileges.
You will not be forced to get an ignition interlock device in your car before your DUI charge is resolved unless you elect to put one in. However, getting one may shorten your DMV suspension if one does get imposed.
You can, additionally, voluntarily install ignition interlocks, and in some instances, doing so may be a good strategy, which is why it is worth discussing with your DUI defense attorney.
Once you have been arrested for Driving Under the Influence, you are issued a temporary license by the officer. This is typically a pink piece of paper that says it is valid for only 30 days; after which your license is suspended.
You must contact a DUI defense attorney within ten days to obtain a hearing to challenge that suspension. If you do nothing, the 30-day suspension starts according to that piece of paper, and on the 31st day, your license will be suspended.
Contacting an attorney allows you to extend the suspension date since you have requested your opportunity to be heard. No action will be taken against your license until a formal DUI hearing has been conducted by your attorney at the DMV.
Attorney John Abel is a relentless California DUI defense lawyer who has helped countless clients just like you avoid the penalties and reduce the consequences of DUI charges. With over 20 years of experience in negotiation and litigation, he is writing to help everyone better understand their options and avoid having their rights and freedoms forfeited.
Have you or a loved one been pulled over or charged with a DUI in California? Contact the John Abel Law Office today to schedule an initial defense strategy consultation.
Call Now At - (559) 321-1977
DUI penalties in California can vary dramatically. Under the law, a first offense can be as minimal as probation with a fine and a DUI class with no custody or work program – but each county is different.
For example, in Los Angeles County, it is rare to have any jail time on a first defense. Yet, right next door in Orange County, it is far more likely that a court would impose jail time.
This is one of the main reasons why you should seek the advice of a DUI defense attorney with experience in the county where you are facing charges.
A misdemeanor DUI is the basic charge, which can carry up to as much as one year in county jail.
A felony DUI, on the other hand, is reserved for cases with either multiple prior convictions or in which there was an injury or death. A felony DUI conviction can result in a penalty of state prison time of one, five, or even 15 years to life, depending on the facts of the case.
If you are convicted of a misdemeanor DUI in California, there is a solid chance you will be able to avoid jail time by pursuing one of many alternatives with a good lawyer on your side.
These alternatives could include electronic monitoring, community service, and a sheriff’s work program, among several other options.
Despite what law enforcement officers may suggest, it is absolutely possible to win your DUI case at both the DMV and in court. The first will help you avoid a suspension, both will help reduce consequences, and a win in court may get your case entirely dismissed as if it had never happened.
There are many defenses available in DUI cases, and the best ones will depend on the circumstances of each case – starting with the nature of the stop.
Was the contact between law enforcement and the driver constitutional? Were your search and seizure rights violated? Did the chemical test comply with California legal requirements for collection? There are no defenses needed if you were not actually driving – and we will make sure the prosecution can prove that, too.
Such defenses only scratch the surface of the options that are available to a skilled and experienced DUI defense lawyer in California.
For more information on Defending Against DUI Charges In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (559) 321-1977 today.
Attorney John Abel is a relentless California DUI defense lawyer who has helped countless clients just like you avoid the penalties and reduce the consequences of DUI charges. With over 20 years of experience in negotiation and litigation, he is writing to help everyone better understand their options and avoid having their rights and freedoms forfeited.
Have you or a loved one been pulled over or charged with a DUI in California? Contact the John Abel Law Office today to schedule an initial defense strategy consultation.
Call Now At - (559) 321-1977