What Are The Driver’s License Ramifications Associated With DUI Charges?
Once someone is arrested for a DUI, their physical driver’s license is taken away. They are given a piece of paper, which serves a temporary license. That piece of paper will allow the accused to drive for around thirty days. However, the person who is arrested must schedule a DMV hearing within 10 days of their arrest. If not, their driver license will be suspended automatically for thirty days and it will not be reinstated until they have met certain protocols, such as getting a SR-22 and/or installing an ignition interlock device (“IID”). However, if a hearing is scheduled, the automatic suspension is stayed until the DMV hearing. Even if the DMV decides not to suspend their driver’s license, the court system may suspend one’s driver’s license. So it is very important for the accused to contact an attorney, and have them schedule a DMV hearing within 10 days of their arrest.
What Is An Ignition Interlock Device? How Is It Used In Relation To DUI Charges?
An interlock ignition device or IID is installed in a person’s car after they have been found to be guilty of a DUI. The device will not allow the car to start until you blow into the device and the device determines that your BAC is under the legal limit. The car will then start, and at a future undetermined point while driving, the device may ask you to blow into it again. This is to avoid the possibility of someone else blowing in the device to start the car for the driver. There are certain ways to get around having an IID ordered either by the DMV and/or the court. The best way to achieve that is to hire an attorney who knows what they are doing when it comes to a DUI charge.
Aggravating Factors For A DUI Charge In California
If you have previous DUIs, then the punishment might be more severe and in some cases you might be charged with a felony. Another way a simple DUI could end up being a much more serious charge is if the driver was involved in an accident and caused harm to another person and/or caused property damage. If one is driving drunk and causes and accident which results in the death of another the driver will be charged with murder and will be facing prison time.
Are There Any Sentencing Alternatives Available To First Time DUI Defendants In California?
One should speak with a lawyer about sentencing alternatives. Depending on the severity of the offense, an attorney may be able to find an alternative to jail time for you. Skilled attorneys may even be able to replace jail time and fines with hours of community service. For first time DUIs, community service is more flexible and may not be as lengthy to prevent jail time. For second and more DUIs, the community service may be more than ten days in order to avoid jail time.
What Are Some Things People Should Know When They Are Facing DUI Charges In California?
After one is arrested for a DUI the three most important things one should do is:
- Call an attorney.
- Make sure a DMV hearing is scheduled.
- Make sure you do not talk to the police or anybody else about the DUI charge.
What Sets Your Firm Apart In Handling DUI Cases?
We have been handling DUI cases since 2003 all across Southern California Counties such as, Los Angeles, Ventura, San Bernardino, Riverside. We have experience with the DA’s, the judges and know all the defenses that could help preventing one from being found guilty of a DUI.
For more information on Drivers’ License Ramifications, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 448-1529 or contacting us online today.