If you get arrested for a drunk driving-related offense in California, you will be expected to battle your case in court and with the Department of Motor Vehicles. This is because the court will put you on trial to face DUI criminal charges, which result in severe legal penalties. On learning about your arrest, the DMV works to suspend your driving privileges, which you can fight by seeking a special hearing with them. The consequences resulting from your conviction will depend on several factors, including the presence of past convictions. With the help of a competent San Diego DUI Attorney, it is possible to avoid or minimize the penalties that accompany a conviction for this offense.
What Should I Do After a DUI Arrest?
Getting arrested for drunk driving or an offense related to this act could be very devastating. Sometimes it will happen in the checkpoints while others occur in an accident scene. If your arrest occurs in the middle of an accident, you need to avoid speaking about the events until your attorney arrives. This will help prevent a statement that could incriminate you.
Also, you need to understand that drunk driving does not always mean you are guilty of other crimes that occurred. You should contact your Morena Village DUI Attorney as soon as possible to get guidance on how to go about the case. Also, after the arrest, make sure you are quick to request a DMV hearing, so you get an opportunity to fight license suspensions. DUI criminal cases can be defended, and you will not necessarily get convicted.
Out of State DUI in California
If you are an out of state driver, you can legally operate a motor vehicle in California as long as you have a license from your state. Also, the license from your state should be of the specific vehicle you wish to drive. As long as your driver’s license remains legal from your home state, you can continue to operate without a restricted time.
However, this privilege is only applicable to drivers above the age of eighteen. For minors, they will need a non-resident certificate from California DMV and a proof of financial responsibility to be able to operate a vehicle. If you want to move and live in California, you are expected to apply for a license within the first ten days of arrival. Failure to obtain the permit will attract charges for driving without a license in California.
If you get arrested for DUI in California, the action taken depends on the type of license. If you have already gotten a California driver’s license from the DMV, the license will get temporarily confiscated awaiting suspension after thirty days. On the other hand, out of state drivers arrested exceeding the legal limit if blood alcohol will get a notice of an oncoming license suspension.
Regardless of whether you are an out of state driver or a resident in California, you will have the opportunity to contest the suspension of your driving privileges. If you do not manage to schedule a hearing within the stipulated time, your privilege to drive in California will get suspended. With advice from a Morena Village DUI Attorney, you will have a chance to contest driver’s license suspension from the DMV. In the event where you lose the hearing, the suspension will go through, and the duration of the suspension will vary from case to case.
The Interstate Driver’s License Interstate
After your privilege to drive in California is suspended for drunk driving, the action is likely to affect your home state driver’s license. This is since most states belong to the IDLC, which works on the concept that each driver possesses one driving record. Member states will report individuals facing DUI criminal charges to each other.t
Some states will impose an action on you after a suspension from California DMV. In other cases, your state may decide to impose the same penalties as the court in California. Facing criminal charges in a different state from where you live could be devastating. This is because a license suspension will deter the purpose for which you traveled. Therefore, it is crucial to navigate the DMV and criminal court process with help from a Morena Village DUI Attorney.
Your attorney will guide you through the criminal case to avoid a conviction. Also, your charges could be reduced and help you avoid penalties from your home state.
Everyone who operates an automobile in California is required to follow DUI laws as well as regulations made by the DMV. Whether you are a civilian or military, a DUI related arrest will get your license confiscated. Military DUI charges could be filed by either military or civilian authorities, depending on where the arrest took place. When civilian authorities arrest you, you will face criminal charges in a civilian court. A conviction for DUI in California can take a toll on your military career. Therefore, it is crucial to get in touch with a Morena Village DUI attorney for competent legal guidance.
If you get tried in a civilian court, a conviction will attract at least six months of jail time for the first offense. However, after the conviction, your commanding officer may decide to give additional penalties, including mandatory substance abuse treatment. Also, you may be tried with another DUI related offense if you caused injury or death while driving.
Under California law, you cannot be charged and convicted twice for the same offense. Therefore, the military authorities will charge you if the civilian authorities fail to do so. In this case, your case will be tried in martial court, although the trial in the court-martial is carried out similarly, a conviction will have more severe penalties. Getting convicted for DUI is a severe offense for members of the military since it attracts both legal and professional consequences.
Some of the penalties you face after a military DUI conviction:
- Reduction of your job rank - Military members work hard to get to a high ranked position. It is devastating to think that something could cause a rank reduction. If you are convicted for DUI in or outside the military base, a rank reduction could be one of the resulting penalties.
- Fines - Depending on the drunk driving offense you are charged with, you may get subjected to monetary penalties, which might take a toll on your finances.
- Imprisonment - Getting a prison or jail sentence is difficult to think about for a member of the military. The conviction is likely to affect your work and life in general. The duration of your sentence gets affected by particular factors of your criminal case.
- Pay cut - Getting a salary reduction is not easy to take, and it is one of the consequences that accompany a military DUI.
- Dishonorable discharge - A dishonorable discharge is one of the most severe penalties you can receive for a military DUI charge. The discharge will not only relieve you off military duty but can be very shameful. You are more likely to receive the discharge if you committed another offense, such as murder or manslaughter, while drunk driving. Getting a dishonorable discharge will affect your social and professional life even when you become a civilian. Therefore, it is wise to avoid a military DUI conviction as much as possible.
Common Myths about DUI Cases
Often, drunk driving charges are filed by an officer who arrests you on DUI checkpoints or after an accident. However, all DUI cases are different, and the outcome of your case will depend on individual circumstances as well as your history. There are many assumptions that people make and may pass over to you about the nature of drunk driving cases. If you get arrested and charged with a drunk driving-related offense, it is crucial to enlist help from a Moreno Village DUI Attorney. The following are some myths about DUI cases:
Most People Who get Charged With DUI are Found Guilty
Hearing that an arrest will always lead to conviction is very devastating. Sometimes this information comes from the general public or even public defenders. Most DUI cases are based on evidence obtained from chemical and observational tests done during the arrest process. When criteria are based on the Breathalyzer, the evidence is not always correct. A Breathalyzer device can produce false results if the device is not correctly calibrated. Also, alcohol from other sources could be detected and falsely incriminate you for alleged drunk driving.
Some attorneys will assume that all tests taken are accurate and cannot be refuted in court. Also, some prosecutors base your case on field tests that are aimed at observing your behavior. It is not always clear that a field observation could be wholly relied on as a basis to prove impairment. There is a specific amount of time that field tests need to be carried out to increase the chances of accuracy. There are other alternative explanations for the behaviors you exhibit while driving other than intoxication.
Therefore, if your case is dependent on this test to prove that you were guilty of drunk driving, you may successfully fight the charges. With the help of a competent DUI attorney, you could have a chance to dismiss some evidence brought against you in the criminal case. When you or your loved one is faced with a drunk driving-related charge, you should not give up based on what people say about the case. It is vital to ensure you get proper legal advice and representation for a better chance of success in the case.
Any Attorney Could Defend You In Your Case
When you are battling charges for drunk driving or a related offense, several pieces of evidence come into play. Sometimes you are arrested for the crime after an accident, and you lack the time or chance to get an account of what happened. Therefore, you should contact a knowledgeable DUI attorney immediately. An attorney that is skilled in California DI law will help you collect information that is relevant to your case.
Information that plays a part in drunk driving cases could be a testimony of witnesses or photographic evidence taken at the scene. If you hire a random attorney for the case, they may not be conversant with how DUI cases work, decreasing your chances of a successful case. Also, by hiring a DUI attorney, you can get proper guidance on how to act in your case to avoid making self-incriminating statements during arrest and trial.
Drunk Driving is a Minor Offense
California DUI law is strict on drivers who operate automobiles while under alcohol or drug influence. Driving while intoxicated is one of the leading causes of fatal car accidents. Therefore, a conviction for this offense is likely to attract severe legal and social consequences. Since the alcohol content in your blood is treated in DUI stops or after an accident. Other offenses you could get charged with after an incident of drunk driving include:
- DUI hit and Run
- Gross vehicular manslaughter
- DUI murder
- DUI causing injuries
When you get arrested for drunk driving, you will have to battle a criminal case in court. Also, you will be required to schedule a hearing with the motor vehicle department to defend your driving privileges. In case you get convicted for DUI or the related crimes, you will face legal penalties in the form of jail or prison sentence. Also, you may be required to pay hefty fines and serve a probation period.
The severity of the penalties you face will be affected by several factors of your case, such as the presence of past convictions. Also, you may receive more severe penalties if your actions caused an accident that resulted in the injury or death of another person. Another harsh consequence that accompanies a conviction for DUI is a suspension of driving privileges. Depending on the severity of the offense for which you get convicted, your license will either get suspended or revoked.
A DUI criminal conviction lurking in your record will have negative consequences on your ability to acquire a job. Whether the prosecutor can obtain a conviction depends on the strength of your defense. Therefore, it is not wise to assume that drunk driving is a minor offense. You need to take the charges with utmost seriousness by contacting a Morena Village DUI attorney for guidance and legal representation.
DUI Arrests Trigger Automatic License Suspension
Assuming that you have no chance of retaining your driving privileges after a DUI related arrest cannot be further from the truth. Suspension or revocation of a license by the court greatly depends on the outcome of your criminal case. With competent legal defense, you can have success in your case and avoid the penalties, among which is the license suspension. Therefore, getting arrested will not always trigger the suspension.
Another way in which you can lose your driving privileges is by suspension imposed by the motor vehicle department of California. The department comes to know of the arrest immediately after the criminal case against you is filed. However, it is crucial to understand that you have a chance to oppose the suspension. You acquire this privilege by requesting to get a DMV hearing.
If you can get your hearing within ten days after the arrest, your attorney can represent you as you contest the driver’s license suspension. You are allowed to present your defenses to the case. The Department of Motor Vehicle is not always concerned about your criminal case, and they only focus on the nature of your driving privileges. You could present witnesses or even examine the ones brought against you.
Success in the hearing will help set aside the license suspension, and you will have to wait for the results of the DUI criminal case. However, should you lose the hearing, the license will get suspended or revoked depending on the nature of criminal charges you are facing.
The only time you will receive an automatic suspension is in cases where you failed to take blood and Breathalyzer tests. Also, drivers who have not attained twenty-one years will suffer the same fate in case of a drunk driving arrest in California.
Fight DUI Related Charges with Help from a Defense Attorney Near Me
Driving while intoxicated is a serious offense in California. This is because of the numerous accidents injuries and deaths that arise from this act. Some people think that getting arrested for DUI is not a serious offense, but a conviction will result in serious legal penalties. Fortunately, there are available defenses that you can present in your case in an attempt to avoid the legal consequences. Speaking with an attorney as soon as you get arrested for DUI is crucial so that the attorney can assert your rights and guide you through the case.
At San Diego DUI Attorney, we work diligently to protect your rights in the case and present defenses on your behalf. If you are in Moreno Village, CA, you will need us by your side. Contact our Moreno Village DUI Attorneys today at 619-535-7150 to discuss your case further.