A conviction for driving under the influence (DUI) in California result in significant consequences. Drivers risk losing their driving privileges, in addition to facing possible jail time or volunteer work, probation, hefty fines, educational programs and more. These consequences can significantly impact an individual’s life, possibly affecting employment, vocational licensing, educational opportunities, immigration and other aspects of your life. It is essential to take immediate action to understand what needs to be done to insure the best possible outcome in Court and with the DMV.
Below are some examples of common defense considerations.
Only 10 Days to Contact DMV to Challenge a Pink Sheet Admin Suspension
In most cases after a DUI arrest, in addition to your Criminal Case Court date paperwork, you will be given a DMV pink sheet Administrative Suspension Notice and Temporary License. This states that in 30 days you will have your license administratively suspended (separate from any Criminal Case) for a period of time (4 months if 21 and older 1st Offense .08 BA or more – longer for priors, refusals, under age 21 and probation violations) unless you call the DMV and set a hearing within 10 days of receipt of the Admin Notice pink sheet. You can then have this admin suspension stayed pending a DMV hearing. The DUI lawyer can advise you what needs to be done to delay and challenge any administrative suspension, the availability of a restricted license if suspended and the impact on your license and criminal case.
The DUI Initial Contact, Arrest and Testing
Everything about the case needs to be reviewed to see if there are any legal issues concerning any phase of the case, including the initial contact, arrest, field sobriety tests, breath or blood tests. Additionally, the timeline of alcohol, drug or medication usage as well as the type of drink or drug used is important in determining alcohol or drug levels at the time of driving versus the time of test. Medical conditions, injuries or disabilities physical or mental are also relevant.
You as a Person
In negotiating a case, you as an individual can be an important factor in trying to resolve a DUI case. If you were prior military and are suffering from PTSD, traumatic brain injury, substance abuse, sexual trauma or other mental health problems as a result of your military service then you may qualify for military diversion and get your case dismissed after completion of a diversion program. Even if you don’t qualify for diversion, things like military service, employment, immigration, vocational licensing may make a difference in settling your case. Treatment, AA meetings, getting in the DUI program and doing a MADD meeting before resolution can also have an impact. A resume with your background, education, work history as well as the potential impact of a DUI conviction on you can be considered.
The importance of working with experienced legal counsel
Contacting an DUI Defense attorney right away after a DUI arrest while it is fresh in your memory is important so you can at least understand the charges, defenses, procedures, potential consequences in Court and with the DMV as well as the importance of setting a DMV Hearing. Driving under the influence of alcohol is one of the most common crimes in California, and the state has some of the strictest drunk driving laws in the country. However, each case is unique and has different considerations to be thoroughly examined. The effects of a DUI conviction can have on your life can be significant, that is why it is important to work with an experienced DUI defense attorney from the start who can assess your case and all possible defense considerations to ensure the best result.