California Drunk or Impaired DUI Law for the Public
You must know two things immediately -
First, within 10 days of arrest, you, or your attorney, must contact the California Department of Motor Vehicles DMV for a hearing (which is a mini-trial). You must challenge the upcoming automatic suspension of your right to drive in the State of California caused by your charges of DUI or drunk driving.
Every day counts, including weekends and holidays. If you or your lawyer don't do this, you automatically lose your license for 4 months minimum or one, two, or three years. There is usually little hope of re-opening the case - but it can be sometimes done if your circumstances are right.
Do not automatically think these admin per se DUI hearings cannot be won - the rules used here allow for some charged to win the hearing and avoid the DMV's suspension.
If you are suspended, you can have it reversed if you win the breath or blood test case in court - if you refused the test, you must win the DMV hearing to avoid suspension. In other situations, a loss at the Department of Motor Vehicles DMV can be appealed in a process called a writ - essentially you sue the DMV to get your license back if you lose the hearing - two time limits will apply - either 15 or 90 days depending on the situation.
Secondly, you must go to court on the day specified when you were released. If you don't a warrant for your arrest will be issued by the judge most of the time. A lawyer can appear for you in court on your DUI arrest without you having to be there in most all California courts, most of the time. If there is a possibility of you being charged w/ felony or injury drunk driving in California, you must be in court no matter what on your first appearance.
Courts that make you appear many, many times are usually trying to wear you down in order for you to take a plea bargain - keep up your strength. Innocent people go to trial and fight for their innocence unless a realistic bargain can be reached with the local district attorney.
If you didn't do anything for the DMV part of your case, then one of the first things you'll need is insurance - see one of our partner's banner ad for your SR22 or SR-22 insurance certificate ---> right column.
The material in this website is for informational purposes only, and is provided as a public service. This public information is not intended to be a source of legal advice. Do not rely upon these materials for legal advice. Seek a consultation with more than one drunk driving defense lawyer on the phone or in person about the facts of your case.
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