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DUI Case & DMV

Being charged with DUI for the first time is frightening and can be traumatic.  A first DUI can lead to harsh legal consequences and will likely impact many aspects of your life.  However, being charged with a 2nd, 3rd, or 4th DUI is extremely serious and can lead to life impairing consequences if the offender is convicted of the charges.  If you are in this situation, the consequences are far too severe to forgo legal representation.  It is also important for you to know that when arrested for DUI, you have a Court Case and a DMV Case, both of which are completely separate from one another!

DUI COURT CASE

The following is a list of possible legal consequences for DUI offenders:

1ST DUI OFFENSE
Jail:  Up to 6 months jail
Fine:  $390.00 to $1000.00 + penalties and assessments
License Suspension:  Up to 1 year
DUI Classes: 4, 6, or 9 months in drug/alcohol treatment program + victim impact panel
IID (ignition interlock device): 1-3 year requirement

2ND DUI OFFENSE
Jail:  90 days to 1 year jail
Fine:  $390.00 to $1000.00 + penalties and assessments
License Suspension:  Up to 2 years
DUI Classes: 18 or 30 months in drug/alcohol treatment program +victim impact panel
IID (ignition interlock device): 1-3 year requirement

3RD DUI OFFENSE
Jail:  120 days to 1 year jail
Fine:  $390.00 to $1000.00 + penalties and assessments
License Suspension:  Up to 3 years
DUI Classes: 18 or 30 months in drug/alcohol treatment program + victim impact panel
IID (ignition interlock device): 1-3 year requirement

4TH DUI OFFENSE (FELONY)
Jail:  180 days jail to 16 months prison
Fine:  $390.00 to $1000.00 + penalties and assessments
License Suspension:  Up to 4 years
DUI Classes: 18 or 30 months in drug/alcohol treatment program + victim impact panel
IID (ignition interlock device): 1-3 year requirement

In addition to the regular DUI charges, there may be added enhancements that will affect the outcome of your case and the punishment.  If so-called “enhancements” are proven or admitted, the law requires more severe minimum penalties. The following are enhancements that may be added to your case:

1. DUI with a child under 14 years old in the vehicle
2. DUI while speeding in excess of 20 mph on surface streets or 30 mph on highways
3. DUI and Refusing to submit to chemical testing
4. DUI with one or more prior convictions within the previous ten years
5. DUI with a BAC in excess of 0.15%
6. DUI resulting in an accident
7. DUI resulting in injuries to another (passenger or another driver)
8. DUI resulting in death to another

If the case involves a refusal to submit to chemical testing for BAC, the driver's license suspension is for one year and there is no possibility of obtaining a work-restricted license. One or two prior convictions carry increased jail sentences and longer license suspensions (see above); three or more "priors" changes the offense to a felony, punishable by commitment to state prison.

A license suspension of a minimum of 4 months is also imposed by the DMV, and may be reduced to 30 days followed by five months of a work-restriction license.  Contact the Amerio Law Firm today to find out more information on how to obtain a restricted license!

DMV ADMINISTRATIVE HEARING “APS HEARING”

After you are arrested for DUI and released from jail, you should be given a pink sheet that is your Notice of Suspension and temporary driver’s license for 30 days.  There are ways to extend this 30 day period or to obtain a work-restriction license.  The notice informs you of your right to request an Administrative Hearing with the California Department of Motor Vehicles (DMV) to avoid the suspension of your driver’s license. 

CAUTION:  From the time of your arrest, you only have to 10 DAYS to schedule your Administrative Hearing with the DMV, or you waive your right to a hearing.  If you fail to request a hearing within 10 days, your driver’s license will automatically be suspended for a period of time determined by the California DMV.  Therefore, you should contact the Amerio Law Firm immediately after your arrest!

At the Amerio Law Firm we will represent you at your DMV hearing in an attempt to set-aside your suspension of your driver’s license.  This hearing is very important as your Court case may be used at your DMV hearing on your behalf in some cases.  The rules of admissibility are different at your DMV hearing and can be used to your advantage.  Additionally, even if your Court case is dismissed or reduced does not mean DMV will drop the suspension.  In fact in most instances when a Court case is dismissed, DMV will still impose a suspension on the driver.  The Courts and DMV are completely separate entities and one does not care what the other does.  A Court cannot and will not order the DMV to not suspend your license. 

If you are a licensed in another state, this action by California DMV will likely affect your license too.  Contact the Amerio Law Firm today for more information in your license suspension.