September 27, 2011 By Matthew Wallin

Is my driver’s license suspended right away?

No. If you have a California driver’s license in your possession then the officer will likely take your license and give you a pink temporary license that is good for thirty days. If you take no action then your license will be suspended for four months after the 30th day.  If you request a DMV hearing within the ten days then you will retain full privileges to drive at least until the DMV hearing is decided.

What happens if charges aren’t filed by my initial court date?

It is not uncommon for the District Attorney’s office to have not filed a DUI case by the initial court date.  If this happens then you will likely receive a letter in the mail from the DA’s office advising you sometime after the initial court date that charges have been filed and what the new court date is.  If you don’t appear at court on the new date the judge will likely issue a warrant for your arrest. The statute of limitation for a misdemeanor DUI is one year so if one year passes form the date of your arrest and the DA has not filed charges then they are statutorily barred from prosecuting you for that offense.

Should I hire a lawyer to help defend me against my DUI charges?

Absolutely.  A DUI arrest triggers two cases—one with the DMV and one with the court.  DMV hearings are very technical hearings where documents and testimony are submitted as evidence and legal skills are required in order to get the best possible results.  Public defenders are not available for DMV hearings and they are almost impossible to win without adequate legal representation.  It is also very important have an experienced private DUI defense attorney handle your DUI case in court if you are serious about fighting your DUI case.

If you or a loved one have been accused or charged with a DUI in Southern California, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin & Klarich today at, (877) 4-NO-JAIL or (877) 466-5245 to speak to an experienced criminal defense attorney.

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