DUI CHARGES were brought against more than 1. 3 million drivers in 2007 in this country, almost 190,000 in California alone.

Two proceedings

In California when you are arrested for drunk driving you face two distinct proceedings with two distinct agencies:

The DMV hearing

This is a technical hearing run by the California Department of Motor Vehicles. YOU MUST SCHEDULE THIS HEARING WITHIN 10 DAYS OF YOUR ARREST ON THE DUI. If you do not, your license will be automatically revoked 30 days following the arrest.

The DMV hearing is very informal and is administered by a hearing officer who is neither a lawyer nor a judge. Most clients do not understand that it is NOT their responsibility to prove that the suspension is not justified. The DMV must prove that a suspension IS justified!  In addition, what occurs in the DMV hearing can impact what will occur in the DUI in the Superior Court.

The Superior Court criminal case

This consists of several hearings, starting with the arraignment, followed by a preliminary hearing, pre-trial conference, and then the trial. 

Depending on your facts, you are facing some or all of the following:

• Community service
• Fines
• Jail time
• Education classes

If your facts include over .20% blood alcohol level, driving with a minor, driving recklessly or speeding, or a prior DUI in the last 10 years, you may be facing some of the following:

• Jail time, even prison time
• Vehicle impoundment
• Ignition interlock device on your vehicle
• Heavy fines

Penalties if convicted

First offense:

• Fines up to $1,800; suspension of license for 6 months; jail time/probation optional; at least 5 months of alcohol education class.

Second offense:

• Fines up to $2,000; suspension of license for two years; 96 hours jail time (minimum); alcohol program from 18 to 30 months; possible vehicle impoundment

Third offense:

• Fines up to $2,000 but with possible mandatory treatment options (which are expensive); suspension of license up to three years; 120 days minimum jail time; alcohol program up to 30 months; vehicle impoundment; possible other consequences

Fourth offense:

• Fines up to $2,000 plus mandatory treatment programs; jail time of up to 9 months or prison time of up to three years; suspension of license for four years; and other consequences, such becoming a felon for the rest of  one's life.

Further offenses:

• It gets worse and worse.  For starters, you can go to prison for up to five years.
  

Final note, as I tell each first offender client: “No matter how bad this is going to be,  it will be far, far worse if you do this again within the next 10 years.”

For a free, prompt and confidential case evaluation, contact the Law Offices of  Douglas Slain online , or call toll-free  (888) 998-5558.