Drunk Driving, DUI / DWI – California Driving Under the Influence Laws
When it comes to DUI or DWI arrests in the state of California, experience is key. In order to ensure the best possible outcome, fast action is required for the following:
• CHECK DRIVER'S LICENSE STATUS - YOU ONLY HAVE TEN DAYS FROM ARREST TO SAVE YOUR DRIVERS LICENSE!
• Assess Priors &/or Injuries, They Can Cause a DUI to become a Felony
• Request a Stay and Hearing on the DMV Revocation of the License
• The Arraignment – Pleading Guilty or Not Guilty, Priors Hugely affect this analysis
• Determining the Appropriate Defense Strategy
What to Do First after a California DUI Arrest
• Hire an Experienced and Qualified Attorney Who Knows California DUI Law
• Make Sure the Attorney handles BOTH the DUI and the DMV!! The DMV will revoke or suspend your driver's license. Have your lawyer Stay your Suspension and set a hearing date with the DMV. DO IT NOW!
Trying to locate a friend or loved one who has been arrested for any reason can be challenging and frustrating to say the least. They will most likely have spent hours at a police station before being transferred to the county jail. As an experienced lawyer, Bill Slocumb can help to locate your loved one quickly and help secure his or her release.
Requesting a DMV Hearing
A DMV hearing must be requested within 10 days of the arrest or the California Department of Motor Vehicles will automatically suspend a suspected drunk driver’s license for as much as several years.
Why Fight My Case?
• With the right attorney, you can minimize or potentially eliminate the consequences of an arrest.
• If properly represented, you may be able to keep the conviction off your record. This is extremely important since each subsequent conviction carries harsher penalties.
• If you plead guilty and do not fight, you will most likely be placed on probation for three to five years. If you are arrested again within ten years this decision can mean substantial jail time for the next arrest.
• You have an absolute constitutional right to fight a DUI / DWI charge. Bill Slocumb will fight for your rights and your freedom.
A lawful DUI investigation can be triggered by one of three events:
1. Police observe a violation of the law.
2. Police observe a driving pattern suggestive of driving under the influence of alcohol or drugs, so as to provide a reasonable suspicion that a crime has taken place.
3. A lawful roadblock or checkpoint.
4. You are involved in an accident or are blocking the roadway.
If none of these conditions are present, then an experienced attorney may be able to suppress any evidence gathered at the traffic stop.
The DMV Process
A DUI / DWI arrest in the state of California triggers two cases – the criminal case and the DMV case. A DMV hearing must be requested within 10 days of the drunk driving arrest. If a hearing is not requested within that timeframe, one may not be granted. Under a new law in California, courts usually don't suspend a driver’s license. Now the DMV usually suspends the license, and they will do so upon a finding of guilty at the DMV hearing or the criminal case. A judge can not give your license back, only the DMV can.
Consequences of a DMV Hearing
The consequences of a DMV hearing can run the gamut from nothing to harsh suspensions and revocations. With an experienced attorney, like Bill Slocumb on your side, the consequences of these hearings may be limited. Often the criminal case is materially affected by a successful defense of your driver's privilege in front of the DMV hearing officer.
The process becomes even more complicated for out-of-state drivers, felony DUIs, motorcycle, boat, plane and bicycle DUIs, driving under the influence of drugs (DUID) cases, and under 21 DUIs. If you are facing any type of DUI charge, it is absolutely essential that you secure an attorney who knows the system and will fight for your rights. Contact Bill Slocumb today.