What Can Happen To Me If I Was Arrested For A DUI And The Police Officer Took My Driver’s License?
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Driving under the influence (DUI) is a serious offense in Southern California. You can be found guilty if the prosecutor can prove beyond a reasonable doubt that you were operating a motor vehicle while under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08% or higher.
If you are arrested for DUI, not only will you face criminal charges, but you may also face penalties from the Department of Motor Vehicles (DMV) such as a license suspension or revocation.
Don’t attempt to fight your case alone if you are facing DUI charges. Our experienced DUI attorneys can guide you through the legal process. We’ll immediately begin investigating the accusations against you and look for problems with the police officer’s credibility. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our drunk driving defense attorneys.
Possible Penalties for a DUI
The penalties for a DUI conviction can vary depending on the circumstances of the case and any prior DUI convictions you may have had over the previous ten years. Generally, a first-time DUI offense is considered a misdemeanor if there were no substantial injuries involved, but if you are convicted of a DUI it can come with very serious consequences.
Possible penalties for a first-time DUI conviction in Southern California may include:
* Up to 6 months in jail
* Fines up to $1,000
* License suspension for up to 6 months
* Mandatory DUI school
* Probation
* Ignition Interlock Device (IID) installation in your vehicle
What the Prosecution Must Prove for a DUI Conviction
In order to convict someone of a DUI, the prosecution must prove that:
1. The defendant was driving a motor vehicle;
2. While under the influence of alcohol or drugs;
3. With a BAC of 0.08% or higher.
If any of these elements cannot be proven beyond a reasonable doubt, the defendant cannot not be convicted of DUI. This means the burden of proof is entirely upon the prosecution and not the defense.
Suspending or Revoking License After First DUI
In addition to criminal penalties, a DUI conviction can also result in license suspension or revocation by the DMV.
License suspension means that your driving privilege will be temporarily taken away for a certain period of time, while revocation means that your license will be completely canceled.
The length of suspension or revocation can vary depending on the circumstances of your case and any prior DUI convictions you have.
However, it is important to note that even a first-time DUI offense can result in a license suspension. This means that your driver’s license can be suspended or even revoked after your first DUI conviction. Following a DUI arrest, the arresting officer is required by law to immediately forward a copy of the suspension or revocation form to the DMV. Once the DMV receives this notice of suspension or revocation, a review of the case is triggered. If the review upholds the suspension or revocation, you may lose your driving privileges for a period ranging from 6 months to multiple years depending on the severity of the incident and any aggravating factors. Even if it’s your first offense, the DMV has the authority to suspend your driver’s license. It’s critical to understand that this is an administrative procedure separate from court proceedings, and even if your criminal charges are dropped or reduced, you could still face license suspension or revocation by the DMV.
It is for this reason that when you hire our law firm we can represent you at all court hearings for the DUI criminal charge as well as represent you at the DMV hearing in your case.
How a Defense Attorney Can Help
If you’re facing a DUI charge and potential license suspension or revocation, having an experienced DUI defense attorney fighting for you is critical. Your criminal lawyer can challenge the DUI charges and the DMV’s decision to suspend or revoke your license in several ways.
Here are a list of ways your DUI defense lawyer Wallin and Klarich can help you:
We can scrutinize the arrest process to ensure that your rights were not violated. This includes:
1. checking if the law enforcement officer had a valid reason to stop your vehicle
2. determining if the field sobriety tests were conducted properly
3. evaluating whether the breathalyzer used was correctly calibrated and operated.
4. independently testing the blood that was drawn after your arrest.
If we are able to uncover facts helpful to your case this could result in a reduction of the charges against you or possibly a dismissal of the criminal charges.
Furthermore, a Wallin and Klarich DMV defense attorney can represent you at the DMV hearing in an attempt to save your driving privilege. Our law firm has represented thousands of persons facing the loss of their driving privilege and we know what to look for in an attempt to avoid your license being suspended.
It is important to remember that every case is unique. Therefore, the specific defense strategy that our Wallin and Klarich DUI lawyers use is always tailored to the circumstances surrounding your case.
Wallin and Klarich have been successfully representing clients facing DUI criminal charges and DMV hearings for over 40 years. Our experienced attorneys will help you through each step of the process, and figure out the best strategy for your case. Our attorneys at Wallin & Klarich are here to help you. We offer exceptional service, experience, and affordable payment options to help you manage the cost of hiring a DUI defense attorney. Call our office today for a free consultation!
You only have 10 days from the date of your DUI arrest to demand a DMV hearing. If you fail to act you lose the right to a DMV hearing. Call us today so we can make certain that you made this request in writing. We have offices in Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, Anaheim, and Irvine.
Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.
