Truckee DUI Lawyers
- Koenig, Jude:
Frequently Asked Questions About DUI In California:
Q. Why should I see an attorney about a DUI?
A DUI is charged a misdemeanor or felony criminal offense - it is not just a traffic citation. If you are convicted of a
DUI, there are mandatory penalties which include jail, fines and DUI classes. Your drivers license is automatically
suspended unless you take the right, timely action. Your auto insurance rates will skyrocket. If you hold a
professional license, a conviction must usually be reported to your governing agency. In short, you have a lot to lose.
So it makes good sense to defend yourself against DUI charges. An experienced criminal attorney will review the
facts of your case with you in detail to determine if there are any legal defenses to the charges and, if not, to
determine the best approach to the criminal case and the DMV suspension action. Don't simply plead guilty without
first determining what an experienced DUI attorney can do for you.
Q. What should I look for in a defense attorney?
Most attorneys do not practice criminal or DUI law - you need an attorney who specializes in DUIs to defend your
rights in a DUI case. You should be confident that the attorney you select can properly handle a DUI case. When you
have questions, make sure they're answered to your satisfaction. Ultimately, you should feel comfortable with the
attorney you select. Selecting a lawyer based on costs alone or looking for the cheapest attorney is a mistake and
often ends up costing you more in the long run.
Q. Can I represent myself?
Representing yourself is flying blind. You will never know if you could have beaten the charges. There is an old
saying the that the person who represents himself has a fool for a client. DUIs are serious charges with stiff
penalties and high long term costs. Take it seriously.
Q. Do I have to appear in court?
In most cases where a person who is charged with a misdemeanor DUI has an attorney representing them, the
person never has to show up in court.
Q. Can you guarantee results?
Beware of any attorney who guarantees results. In the law, as in most other areas of life, absolute certainty is not
possible. However, the best outcome in a DUI case is always the result of a good professional relationship with a
competent attorney.
Q. What is the DMV suspension?
In most cases, the DMV will suspend or revoke your California drivers license if you don't challenge the action by,
first, requesting a hearing within 10 days of your receipt of the Administrative Per Se Suspension/Revocation Order
and Temporary License. Next, a hearing is held to determine if the action will be sustained and the license
suspended. The issues relates to DMV hearings are particularly complex and few attorneys have the necessary
experience to challenge the suspension action.
- Alison Bermant:
DUI Frequently Asked Questions
What are my charges?
What is a wet reckless?
Do I have to go to court?
What is an arraignment?
Should I get my own lawyer?
Will I have to go to jail?
What are the fines?
What is going to happen to my driver’s license?
Can I get a restricted license?
How much is this going to cost me?
What are my charges?
In California, a DUI is made up of two different violations of the vehicle code. 23152 (a) is driving while impaired by alcohol or drugs; 23152(b) is driving with a blood alcohol level of .08% or higher.
What is a wet reckless?
A wet reckless charge is a reduced charge that District Attorney’s offices will sometimes offer when the original charge is a DUI with a low blood alcohol level. A wet reckless has the same point count on your driving record as a DUI (2 points), but generally no additional jail time and a lower fine than a DUI is usually ordered by the court.
Do I have to go to court?
Yes. In most cases, in order to be released from jail without posting bail, you sign an order promising to appear in court. If you do not appear in court, or have an attorney arrange to appear on your behalf, then you MUST go to court for your arraignment or else the judge will issue a warrant for your arrest for failing to appear. The consequences of failing to appear at your arraignment are risking an additional charge for failing to appear, and additional suspension on your driver’s license.
What is an arraignment?
An arraignment is a court date wherein the judge will tell you what your rights are (to be represented by an attorney, to have a jury trial, to subpoena witnesses on your behalf and confront the witnesses against you) and what the charges are against you.
Should I get my own lawyer?
Usually at the arraignment the judge will ask you if you would like to be represented by an attorney. It is always a good idea, even if you plan to plea guilty to your charge, to have an attorney represent your interests and make sure all your rights have been protected. An attorney can also spend more time than the judge explaining the process and what you need to do to take care of your obligations. If you cannot afford to hire an attorney yourself (every county has different monthly income limits), then the court will appoint a public defender to represent you. This may require you to come back for another court date in order to meet the public defender assigned to your case.
Will I have to go to jail?
In all cases, it depends on the particular circumstances of your case. Generally, a first offense DUI has a minimum mandatory jail sentence of 48 hours, or two days, and a maximum jail sentence of six months (though the maximum sentence is almost never imposed on a first offense). Sometimes courts will add on additional jail time if there was an accident or if the blood alcohol level is above a certain level, for example above a .20%. Most people arrested for a DUI will be taken immediately to jail by the arresting officer. Judges generally give credit for this time already served toward the final sentence. Many counties offer alternative sentencing programs, such as work release - where a person can work an 8-hour day for the probation or sheriff department in exchange for each day they are sentenced to serve in jail.
What are the fines?
The total fine on DUI and all other criminal charges constantly varies because of changes in the laws every year. Under the DUI code sections however, the base fine is a minimum mandatory $390 and a maximum penalty of $1000. In every county, penalty assessments and surcharges are added in order to make the fine total close to $2000 for a first offense.
What is going to happen to my driver’s license?
If you are in possession of a valid California Driver’s License at the time you are stopped and arrested on a first offense DUI, the arresting officer will generally take your license away and give you a temporary license that is a pink piece of paper. Read this paper carefully. This paper license is only good for the first 30 days following your arrest. On Day 31, what is called the "Admin Per Se" period of suspension begins. At the very least, for the next 30 days, you will have absolutely no privilege to drive in California. There is no way around that 30 day period of suspension. Also the length of suspension can vary depending on your driving record. However, if a DMV hearing is requested to challenge the Admin Per Se suspension, the DMV will issue a stay and that paper license will be valid until a decision has been made by the DMV as to whether or not your license should be suspended as a result of your arrest. This hearing is waived if it is not requested. Therefore to challenge this suspension, YOU MUST REQUST THIS HEARING WITHIN 10 DAYS OF YOUR ARREST. The local DMV hearing office phone number is 916-227-2970.
Can I get a restricted license?
A restricted license allowing you to drive to and from work, to and from school, and to and from alcohol-related counseling, can be issued by the DMV on Day 61 following your arrest if the following three criteria have been met: 1) you provide proof of enrollment in a drinking driver program, generally ordered by the court; 2) you provide an SR-22 form from your insurance company showing proof of current insurance; and 3) you pay a $125 re-issuance fee to the DMV. The restriction will last for five months, and is usually followed by another three month restriction imposed by the court.
How much is this going to cost me?
A DUI in California is expensive. Between court fines, the cost of the drinking driver program, an increase in your insurance rates, and the fees the DMV charges, you can expect to pay $3500 or more. Attorneys fees vary as well and are not included in that amount.
Return to California DUI Lawyers
|