DUI License Suspension

People charged with DUI find it hard to believe that they have been arrested and are facing a criminal charge because most first time DUI offenders have never been in trouble before. A DUI conviction and loss of the DMV hearing can result in serious consequences including jail time, large fines, loss of driving privileges, and increased insurance rates. Convictions may also trigger negative employment related consequences for licensed professionals, commercial drivers, or those that drive for a living. Since the consequences are so severe, it is important to hire an experienced criminal defense attorney who has handled many DUI cases and who will guide you through the legal maze of the California criminal justice system and Department of Motor Vehicles (DMV).

Two Cases for Every DUI Arrest

There are two different cases that are brought against you when you are arrested for a DUI. The DMV case is where your driver's license and driving privilege in CA may be taken away from you. The criminal court case deals with punishment and can result in jail time, fines, classes for alcohol education, community service, car impound or a requirement that you get an ignition interlock device installed in your vehicle. It all depends on the facts of your individual case and the County where the DUI occurred.

California DMV Hearing

Setting the Hearing - 10 Days

After your DUI arrest, you must request a DMV hearing within 10 days of the arrest or you may lose your right to challenge the DMV case against you. You can request an in person or phone hearing. If you do not request a hearing, your license will automatically be suspended 30 days after your arrest. The documents given to you after your arrest are confusing and don't clearly explain that you need to request a hearing within a short time, so you must carefully read the documentation because it contains important information regarding your legal rights.

Call the DMV driver safety officer closest to the location of your arrest to set up your DMV hearing. It is always best to confirm your hearing with a certified letter.

• Oakland: 510-563-8900; Fax: 510-563-8951
• Sacramento: 916-227-2970; Fax: 916-227-2901
• San Francisco: 415-557-1170; Fax: 415-557-7375
• San Jose: 408-277-1314; Fax: 408-277-1033

Issues at DMV Hearing

The DMV must prove the following three issues at an over-21 excessive BAC hearing:

1. The peace officer had reasonable cause to believe that the person had been driving a motor vehicle in violation of CVC §§23152 or 23153;
2. That the person was arrested;
3. That the person was driving a motor vehicle with a .08 or higher blood-alcohol level.

The DMV proceeding is different from the criminal courtroom case. The DMV hearing is an administrative hearing with different rules of evidence and a lower standard of proof. To rule against you requires a “preponderance” of the evidence and not “beyond a reasonable doubt” like in a criminal court. The hearing is run and the decision is made by DMV Hearing Officer, who is an employee of the Department of Motor Vehicles and not a lawyer, judge or a person with any legal training. DMV hearings are technical because of the evidentiary and forensic issues which arise. Unfortunately, the chances of winning without legal help are very low. The DMV does not care about your personal life, and it makes no difference to them if you need to drive to work or school.

DMV Punishment

If the DMV rules against you, they will suspend your license regardless of the consequences to you. Suspensions can last 4 months for a first offense to 1 year for DUI with prior, a refusal, or Under 21. On a first offense you may be eligible for a restricted license after 30 days with an extension of your suspension to 6 months. On a one year suspension there is no restriction eligibility.

California DMV Criminal Case

The Charges

In a typical alcohol related DUI the driver is charged with two counts 23152(a) – driving while impaired; and 23152(b) – driving with a BAC 0.08% or above. You can be found guilty on either count.

Driving

In both counts the government has to prove “actual” driving. If the car wasn’t moving, or if you were asleep in the car the government will try to prove the case with circumstantial evidence. They'll point to you sitting in the driver's seat, if you have the keys, if the car is registered to you, if the engine is still warm, and if there is nobody else around.

23152(a) - Driving while Impaired

Impaired driving means a person can’t operate his/her vehicle like a sober person could under similar circumstances. If there is no bad driving and the officer pulled you over for a non-driving vehicle code violation, it is more difficult to prove impairment. If there is an accident, the government will use that to try to prove impairment.

23152(a) - Driving with BAC of 0.08% or higher

The government must prove that your blood alcohol level at the time of driving was 08%, or higher. This works to your advantage since the documented BAC is usually determined by a blood or breath test sometime after driving has occurred. Scientifically, retrograde extrapolation which is used by the government to determine your BAC at the time of driving by using your known BAC and going backwards in time is unreliable. Also, the chemical tests used including the breath and blood tests can be unreliable and susceptible to attack by an experienced DUI attorney.

DUI Defenses

Common breath defenses include rising alcohol, absorption, mouth alcohol, radio frequency interference, and heartburn or GERD. Blood defenses include improper collection, handling, and storage which can lead to contamination/fermentation of the blood sample. Experienced DUI lawyers know which arguments to make to undermine the forensic evidence in the case.

DUI Punishment

In the criminal court case the DUI penalties are set by statute. Many factors influence a DUI sentence including (1) prior DUI convictions within 10 years, (2) speeding/reckless driving, (3) having a child under the age of 14 in the car, (4) having a BAC over .015%, .20%, or (5) refusing to submit to a chemical test. Other factors affecting punishment include the specific facts of the case, the policies of the DA in the county were it happened, and problems or weaknesses with the governments case.

First Offense DUI with Probation CVC 23152(a) or (b)

Court

• Misdemeanor conviction
• Up to 6 months Jail
• 6 month driver license suspension
• 10 month DL suspension if 0.20+/refusal
• $390 - $1000 fine + Fees/Assessments
• Probation 3 to 5 years
• First Offender DUI Program
• BAC > .15 - 3 month
• BAC 0.15 > 0.20 - 6 month
• BAC 0.20+/Refusal - 9 month
• Optional Impound - Up to 6 months
• Optional Ignition Interlock - Up to 3 yrs
• Refusal - Add 48 hours jail
• Under 14 in car - Add 48 hours jail

DMV

• License Re-Issue fee - $125
• SR-22 Requirement - 3 years

Additional Consequences

• Increased Insurance Rates
• Mandatory Reporting - professional license or driving related job.
• Priorable - Increased punishment for future DUI w/i 10 years

Drunk Driving Warrants

Because of limited police resources, DUI warrants are usually not served as soon as they are issued. They go into the police computer database and sit there until an officer runs your name and finds out you have an outstanding warrant. DUI warrants are considered low priority because the police figure they will eventually run into or locate the person named on the warrant and that person will be arrested. A person who has skipped out on their DUI trial, or failed to complete some court-ordered requirement can assume that most likely there has been a warrant issued for their arrest. Just because the police don't come knock on your door does not mean that the warrant is forgotten.

Because of the potential pitfalls, you need a good dui defense attorney to navigate your way through the court. The DUI defense lawyer can talk to the DA regarding any potential violations of probation and work with the judge to clear the warrant and get you re-instated in good standing with the court. Don't let a DUI warrant ruin your life. Often it's as easy as contacting a DUI Defense attorney who can begin the process of getting the warrant cleared. To find out if you have a warrant, contact a local bail bonds company because they have access to warrant information.

Clearing a Warrant

It's best to clear up a DUI warrant in a timely manner to avoid any nasty surprises in the future. A person can generally move on with their lives after a DUI conviction, but if an outstanding DUI warrant is lurking, it's all but impossible to move on. Clearing a DUI warrant can be as easy as turning yourself into the Sheriff's Department warrant unit. Unless you have other warrants, you will generally be released and given a new court date to appear in court. Some jurisdictions allow you to appear in court to clear the warrant. Most courts are glad when a person appears on their own to clear a DUI warrant and will generally work with the person to get them back in good standing with the court including reinstating the person in the DUI class, allowing them to start making payments, and allowing the person to carry out their original sentence on alternative sentencing instead of in custody. In some cases, a person may be required to complete their original sentence in custody as punishment for not completing the sentence when ordered.

Failure to Appear

DUI warrants typically arise when you don't do something required by the court. If after your arrest, you don't show up for court. A warrant will issue for your arrest for failure to appear. Often times you are released without bond on a DUI. If you fail to appear, the judge will usually order some amount of bail to be posted to make sure you don't fail to appear again. So if you are picked up on the warrant, you will have to post some bail to be released. Some judges will order a no bail warrant hold. This means if you are ever picked up on the warrant, you won't be released until you are brought before the judge that issued the warrant.

Probation Violation

After you plead guilty or are found guilty at trial, you will be sentenced. The judge will order you to pay a fine, complete an alcohol education or treatment program, do community service or complete other court-ordered requirements to avoid going to jail. If you fail to complete any of the court-ordered requirements, or pay the fine, a warrant will be issued for your arrest.

Warrants Don't Go Away

Most DUI warrants go unserved for a period of time, but they never go away. There is no statute of limitations on a warrant and eventually, one way or another, the person will find out they have a warrant. This usually occurs when you are stopped for a traffic ticket and you are told that you have a warrant. Instead of getting a ticket, you are getting a ride to jail and your car impounded. DUI warrants can also cause you problems if you travel out of the country because you could be detained at the border on the warrant.

Warrants Follow You

When a person leaves the area in which their DUI warrant is issued, that doesn't mean that the warrant will never be served. It does mean that the warrant may be served at a very unexpected or inconvenient time though, which could make things worse. Having an outstanding warrant can prevent a person from getting a job, from leaving the country or even prevent them from re-entering the country without being arrested.

Warrant Sweeps

Most counties including El Dorado, Placer, and Sacramento conduct random warrant sweeps around the holidays. Police do this to keep potential drunk drivers off the road during the holidays and because most people are home on the holidays so it's easier to locate them. During warrant sweeps the police actively seek those people with outstanding DUI warrants. They are rounded up, arrested and put in jail. They will be processed not only for the original DUI charge, but also for failing to appear in court or failing to fulfill the court ordered requirements following their conviction.

Free Same Day Consultation

For more information about first offense DUI charges, call Drunk Driving Defense Attorneys Roland X. Tiemann and Peter B. Tiemann for a free same day consultation at (530) 621-2400 or (916) 941-7300. We are experienced and Aggressive DUI defense lawyers who will vigorously represent you.

News and Info

5/27/2009 - Commercial Drivers License

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