DUI in California: Why The First 10 Days Are Crucial

by Ladyblogger on August 27, 2012

The penalties for being convicted of driving under the influence (DUI) are harsh in any state, but California law treats the offense particularly severely. After receiving only one DUI in the state, a person can face a license suspension of at least four months, a fine exceeding twenty-five hundred dollars, up to six months in jail and an order to obtain and use an ignition interlock device. 

It is smart to secure a lawyer in any legal matter, but if a person is charged with a DUI, it is imperative to get legal counsel as soon as possible. The first ten days after a DUI arrest are crucial, and if they are not handled correctly, a person can face serious consequences.Why the First Ten Days are Crucial

Our experts at The Law Offices of Johnson & Johnson want you to know that he reason the first ten days after a DUI arrest are imperative is that a person only has 10 days in which they can file an appeal. When you are arrested for a DUI in California, you will be given a temporary license that you can use to drive. But your actual license will in all likelihood be suspended from that moment forward.

Many people do not understand that a license suspension isn’t handled by the California criminal justice system; it is handled by the Department of Motor Vehicles. The DMV will be notified of a person’s DUI arrest immediately after the arrest. Upon receiving this notice the DMV will conduct an administrative review on the suspension, and in most cases they will agree with the suspension.An administrative hearing at the DMV is much different than the actual trial a person may face. The rules of evidence are nowhere near as strict within the DMV hearing. The DMV employees at this administrative hearing are able to use the police report as evidence as opposed to actually having the officer testify. This makes it far more difficult to have a suspension overturned, but it is in no way impossible.

Why Everyone Should File an Appeal

Everyone needs to file an appeal, even if they know in their heart that they were guilty of the offense. The reason behind this is that the DMV must prove three things for a license suspension to stand. If a lawyer can refute any of these three issues, then a person gets to keep their license.

  • Did the arresting officer have reasonable cause to pull the person over for driving under the influence?
  • Was the driver lawfully arrested?
  • Did the driver have over a .08 percent blood alcohol content at the time of the stop?
A good lawyer can use any of these reasons to have a license suspension overturned. So if a person was pulled over for no legitimate reason or the arrest was not performed in accordance with the law, even a person who was legally intoxicated at the time of their arrest can retain their driver’s license.Getting a DUI in California is serious business. Even if a court convicts a person of the crime, the conviction will have no bearing on a license suspension. Because of this, it is possible for a person to maintain their license so they can continue getting around even if they are convicted of a DUI. Fortunately, the reasons the DMV would reverse a suspension decision are very closely interlinked with the reasons a court would throw out a DUI charge. Because of this, a knowledgeable lawyer may be able to ensure a person faces no penalties for their DUI arrest.

Molly Henshaw is a freelance writer who specialized in business and legal subjects. She is also a contributing writer for duilawyerwalnutcreek.com, whose attorneys specialize in California DUI cases. Johnson & Johnson guarantee that they will take all steps to ensure that your legal interests are represented to an extent that exceeds expectations!

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