DUI and DMV penalties
Should I Schedule a Hearing After a DUI Arrest?
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 unless a stay is properly enacted to stop the suspension. You can stop the suspension by scheduling a DMV hearing.
How Much Time do
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 unless a stay is properly enacted to stop the suspension. You can stop the suspension by scheduling a DMV hearing.
How Much Time do I have to Schedule a Hearing?
You have 10 days to contact the DMV and stop the suspension by scheduling a hearing. Although the hearings are very difficult to win there are strategic reasons for scheduling the hearing and information that can be obtained as a result.
Why Does the DMV Hold a Hearing?
You are entitled to Due Process (your day in court) which means that before the DMV can take your drivers' license away after a DUI arrest there must be proper evidence to show the suspension is legally appropriate.
What Happens at the DMV Hearing?
At the hearing the DMV will answer 3 questions (or 4 questions in a 'refusal case'), and if the answer is "yes" to all three, they will suspend a license pursuant to Vehicle Code Section 13353.2.
If a breath test was taken, or blood was drawn, at the time of the arrest there are 3 questions. The three issues are (1) whether there was a reason to stop the driver, (2) whether there was probable cause to arrest, and (3) if the driver had at least a. 08 BAC at the time of driving.
If the answer to those 3 questions is "yes" then the license will be suspended.
Please note this is entirely separate of anything that happens in court. A court conviction will also cause a license suspension when convicted in court under Vehicle Code Section 23152 or 23153. Therefore, managing these separate proceedings becomes important.
HOW LONG IS A DUI SUSPENSION?
The suspension time is different depending on various factors. The administrative suspension is shorter than the suspension resulting from a court conviction, and how many times a person has been arrested and convicted for DUI is also very important. Furthermore, whether there was a refusal to provide a breath test or blood sample is extremely important and affects the total time of suspension, as well as whether a restricted license is available.
- 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 I did Not Give Blood or Take a Breath Test?
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 any breath test or blood draw as a refusal.
This 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.
What Happens if Under 21 Years Old?
If a driver is under 21 years old, the suspension is the same as a refusal. The DMV has a strict no tolerance policy, which means they will not allow consumption of any alcohol prior to driving for those under 21 years old. Having just a .01 percent Blood Alcohol Content level will lead to a year long suspension with no restricted driving available.
Is There a Restricted License Available for DUI Suspensions?
Yes, there is a restricted license as long as there is a breath test or blood draw. Therefore, we can make sure that a driver never has to go without a license and proper management of the situation becomes very important.
If there was a 'refusal' there is no way to get a restricted license. In these cases the DMV hearing is very important because it is the only way to prevent at least one year of total suspension. Because the suspension is so harsh, the suspension should be challenged, but prevailing at a hearing is very difficult.
How do I get my License Back After a Suspension?
The courts and the DMV share information and there are a number of things you will need to do to get your license back. At a minimum you will need to take an alcohol class and show proof of insurance.
It may not be necessary to install an ignition interlock device in your vehicle, but often times is the fastest way to get a license to drive after being suspended.
There are a few ways to avoid that by selecting a to-and-from work restriction, servicing a hard suspension, or avoiding the suspension.
The DMV rules and options can be confusing because it all depends on the circumstances. Feel free to call and ask us any questions you might have. (310) 378-3848
Will I go to Jail for a DUI? What are the Penalties in Court?
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
Is Jail Required if I am Convicted of DUI?
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 an accident and someone was injured. If this happens the case is elevated to a felony and jail is much more likely. Felonies are found in Vehicle Code Section 23153. If the injuries were really bad, then there may be a finding of Great Bodily Injury enhancements, and if someone died then state prison sentence is possible. These are rare and extreme situations though, if you were arrested for DUI for the first time you should not serve jail time.
Community Labor - Roadside Cleanup
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 Electronic Monitoring/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. It should be known that this device can detect whether a person has consumed alcohol and send reports to the court.
Mothers Against Drunk Driving
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.
Hospital and Morgue Program
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. https://www.volcenter.org/court-referral-community-service
How Much is a DUI 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.
How Long is Probation for a DUI?
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.
Do I Need to go to Court for a DUI?
A new law passed in CA requires the judge to provide each defendant with the immigration consequences that come from a criminal conviction. Therefore, it is not necessary to go to court for the first appearance, or for all appearances, but this new law will likely require personal presence in the courtroom to finish the case.
Helpful Links Regarding the DUI Process
Helpful Links Regarding the DUI Process
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
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.
If under 21-years-old there is an outside possibility of getting a critical need exception. This is very difficult to obtain, but you can get the application here: https://www.dmv.ca.gov/portal/uploads/2020/09/DS694.pdf