Beach Cities DUI Best DUI Lawyer
DUI Lawyer focused on DUI and DMV hearings - South Bay Drivers Trust Beach Cities DUI
Beach Cities DUI Best DUI Lawyer
DUI Lawyer focused on DUI and DMV hearings - South Bay Drivers Trust Beach Cities DUI
What Are DUI and DMV Penalties? How Can a DUI Lawyer Help?
DUI LICENSE SUSPENSION
Perhaps the worst DUI penalty is losing your license. This will happen automatically because the police send information about your DUI arrest to the DMV. The DMV will then act to suspend your license after 10 days unless a stay is properly enacted to stop the suspension. You must contact the appropriate office at the DMV to stop the
Perhaps the worst DUI penalty is losing your license. This will happen automatically because the police send information about your DUI arrest to the DMV. The DMV will then act to suspend your license after 10 days unless a stay is properly enacted to stop the suspension. You must contact the appropriate office at the DMV to stop the suspension.
10 DAYS TO CONTACT THE DMV
You have 10 days to contact the DMV and stop the suspension. The time to respond has been shortened because they do not want you to stop the suspension and request a hearing. It is easiest for the DMV to simply automatically suspend your drivers license after a DUI. However, you have a right to a hearing.
THE DMV HEARING
You are entitled to Due Process (your day in court) before the DMV can take your drivers license away after a DUI arrest. Although there is little justice at the DMV, it is important to invoke your Right to a hearing for strategic reasons. You can substantially reduce your time without a license after a DUI arrest and you can obtain information from the police through the DMV process.
HOW LONG IS A DUI SUSPENSION?
The suspension time and laws are different depending on various factors surrounding an arrest for DUI - how many times a person has been arrested, and whether there was a refusal to provide a breath test or blood test are the key factors.
- First DUI: As long as a breath or blood test was provided at the time of the DUI arrest, a person will lose their license for 6 months on a first time DUI offense.
- Second DUI: If it was the second DUI suspension within 10 years then the license suspension is 1 year.
- Third DUI: If a person is convicted of DUI a third time the license suspension is for 3 years.
WHAT IF NO BREATH TEST OR BLOOD TEST WAS PROVIDED?
If no breath or blood test is taken it is called a refusal. Even if you didn't necessarily refuse, the DMV is going to treat an arrest without a test as a refusal.
This so called refusal to provide a breath or a blood test makes the suspension much more severe:
- A first time license suspension with a refusal is one year.
- A second DUI suspension in a 10 year period with a refusal is a 2 year suspension.
- A third DUI in a 10 year period with a refusal to provide breath or blood is a 3 year suspension.
IS THERE A WAY TO SHORTEN THE SUSPENSION?
Yes, the suspension can be cut short as long as a breath or blood test was provided, but there is not if there was a refusal to provide a test at the time of arrest. So if there was a 'refusal' there is no way to shorten the suspension. In these cases the DMV hearing is very important as the suspension is quite harsh.
HOW DO I GET MY LICENSE BACK?
The courts and the DMV share information and there are a number of things you will need to do to get your license back. You will need to take an alcohol class and show proof of insurance. However, it may not be necessary to install an ignition interlock device in your vehicle. A driver does have options. There are companies like a company called DUI Solutions that will try to sell and install a device right away. They use aggressive tactics to call people that were arrested. This is a scam, as it is not necessary to install the device immediately following an arrest.
For further discussion of DMV laws click: https://beachcitiesdui.com/dmv-laws
See our blog on this site to learn how to get a DUI dismissed if you are a military veteran https://beachcitiesdui.com/blog/f/new-law-allows-dui-dismissal
DUI FINES AND PENALTIES
Many good people are arrested for DUI and suddenly find themselves in the criminal justice system. The main ways a Court will punish a person convicted of Driving Under the Influence are through jail time, community labor, a fine, alcohol classes, DUI programs, and probation, which will be explained below.
For a discussion of DUI laws cli
Many good people are arrested for DUI and suddenly find themselves in the criminal justice system. The main ways a Court will punish a person convicted of Driving Under the Influence are through jail time, community labor, a fine, alcohol classes, DUI programs, and probation, which will be explained below.
For a discussion of DUI laws click here: https://beachcitiesdui.com/dui-laws
JAIL TIME
Serving time in jail is something no one wants to go through. The good news is that if it was your first time arrested for DUI you will most likely not need to do another second of jail time. However, if you have been arrested multiple times within the last 10 years for DUI, then jail time is mandatory.
Other situations where someone may have to serve jail time would be if there was a bad accident - if someone was injured then it is elevated to a felony and jail is likely and potentially time in a state prison. generally though, if you were arrested for DUI for the first time you should not serve jail time.
COMMUNITY LABOR
Community Labor can sometimes be substituted in place of jail time. Community labor is hard work and run by Cal Trans. This typically consists of picking up trash. This is different than community service which is a lighter form of service with more options available.
GPS MONITOR DEVICE/HOUSE ARREST
It may be possible to serve time with an alcohol monitoring device locked to your ankle. This device also can track your whereabouts through a GPS system. We have helped many people avoid jail with this device.
MOTHERS AGAINST DRUNK DRIVING/HOSPITAL AND MORGUE
There are other programs the Court may Order a person convicted of DUI to complete. Mothers Against Drunk Driving is a common program Ordered by the Court. This is a one time program that is relatively easy to complete online.
The HAM program is time intensive and requires attendance at the hospital and morgue to hear doctors talk about patients they have helped after being hit by DUI drivers. Additionally, the program requires a trip to the morgue. The prosecutors like this program to impress upon the attendee the risks of driving under the influence. Here is a link with more info.
To sign up for Mothers Against Drunk Driving and the Hospital and Morgue program you can call the Volunteer Center.
FINE
DUI fines depend on the severity of the situation leading to arrest. DUI fines start at $390 and go up to $1,000. However, this amount is deceiving because penalties, assessments and court fees will be added. If you can get the fine as low as possible under the law, $390, that is approximately $1,900 by the time penalties and assessments are added. Fines are typically something attorneys can manipulate by lowering in a plea bargain, getting credit to reduce even further, and getting time to pay the fine.
PROBATION
If you are convicted of Driving Under the Influence you will be placed on probation. If it is only a misdemeanor conviction, not a felony, then probation is informal. There is nothing you have to do, no one you must check in with, but you cannot drive at all after drinking alcohol, and you must obey all laws. Being convicted of a crime would then be a probation violation. Additionally, not completing the programs Ordered by the Court would be a violation of probation. It is important to reduce penalties as much as possible because completing all these tasks is difficult.
If you are not arrested during probation and you completed all obligations ordered by the court then your probation automatically expires. It is important to note that probation begins to run on the day of conviction, not the date of arrest. After the probation ends you can request the Court Dismiss your case and it is almost certain they will.
Probation is typically 3 years, but it can go up from there depending on the number of DUI convictions and severity of the circumstances surrounding the DUI arrest.
Probation expires automatically. After expiration of probation, it is possible to have the conviction expunged. We expunge cases frequently for our clients and have never lost a hearing to expunge a client's record. Since an expungement is actually a dismissal, it is possible on every case to get the case dismissed at some point.
IGNITION INTERLOCK DEVICE
IGNITION INTERLOCK DEVICE
If you are arrested in Torrance, Redondo Beach or surrounding area, the first thing to know is that there is a company calling themselves DUI Solutions that acts like they are lawyers and will call you after being arrested. They sell people on getting the machine put in their vehicle. Do not do this. You may need it eventually, but yo
If you are arrested in Torrance, Redondo Beach or surrounding area, the first thing to know is that there is a company calling themselves DUI Solutions that acts like they are lawyers and will call you after being arrested. They sell people on getting the machine put in their vehicle. Do not do this. You may need it eventually, but you do not need it right away if things are handled properly. An attorney can make sure you do not spend any extra time with the device in your vehicle.
If you are convicted of Driving Under the Influence in Los Angeles County, the DMV will suspend your license. You can get it back if you install an Ignition Interlock Device in your vehicle, but it is not always necessary. The length of time the device needs to be in your vehicle depends on the number of convictions for DUI.
- First DUI: For a first time conviction you will need the device in your vehicle for 6 months.
- Second DUI: For a second DUI conviction within 10 years you will need the device in your vehicle for 1 year.
- Third DUI: For a third DUI conviction it is 2 years.
Here is a link to the DMV with detailed information regarding the ignition interlock device:
It is possible to keep the device out of your car if you can get the charges reduced to a 'Wet Reckless.'
INFO REGARDING VOLUNTEER WORK AND PROGRAMS
Info about the costs of the Volunteer Program, Mothers Against Drunk Driving, and the Hospital and Morgue Program can be found here:
https://www.volcenter.org/court-referral-community-service
SCRAM - GPS TRACKING DEVICE
This device is an ankle bracelet that can read a person's location and also read whether a person has consumed alcohol. The court may Order a defendant to wear this device instead of going to jail.
Info regarding the alcohol monitoring device can be found here:
IGNITION INTERLOCK DEVICE
If convicted of DUI in Los Angeles County the ignition interlock device will need to be installed in your car. This device prevents a car from starting unless a breath sample is provided. If alcohol is detected the vehicle will not start. For more info and maybe a coupon here are a couple links for ignition interlock companies.
https://guardianinterlock.com/
Please be aware there are a number of companies out there that will contact you and tell you that you need to install the IID. You should consult an attorney before placing the machine in your car as you may not need it or you may end up with it in your car for longer than is really needed.
Even if you cannot beat the DUI charge by with a legal defense you can likely get these penalties eliminated or reduced. We can stop the automatic suspension of driving privileges and/or control the suspension so you don't have to go without driving.
Feel free to contact the best DUI lawyer in Torrance, Beach Cities DUI, to get an honest assessment of your case, and helpful advice to get through this. (310) 378-3848.
We are available to act right away to stop the DMV from suspending you license and get the reports so you can fight the case.
If you have been arrested in Redondo Beach, Torrance, Hermosa Beach, Hawthorne, or Gardena we are less than 10 minutes away.