Experiencing a DUI arrest for the first time can be confusing and it can be hard to understand what rights you still have. Knowing the basics of California DUI law and proceedings can be helpful in the outcome of your case and freedoms. Here is some help.
Being Pulled Over
As soon as you are pulled over for a DUI the officer will want standard documentation – driver’s license, insurance, and proof of registration. You will most likely be asked to perform a breath or blood test, an officer will request these tests under probable cause. Refusing to perform these test can be problematic. License suspension, financial, and legal action can mount as you refuse to be tested. California law allows for three types of testing: Breath, blood, and urine in specific situations such as someone taking anticoagulants for heart conditions, or who have hemophilia.
An officer will confiscate and send your license to the DMV. This is done with a notice of suspension or revocation form and a sworn police report. The DMV will then conduct an administrative review including the following elements: an examination of the officer’s report, suspension or revocation order, and test results.
You have the right to dispute the license suspension with the DMV, through a hearing within 10 days of the incident. Contacting an attorney as soon as possible is ideal in a DUI situation. Every incident is unique and you will only benefit in having representation and legal guidance in your corner.
Understanding the penalties for a DUI are critical. Listed here are the penalties you should expect if you are found guilty of a DUI:
- Up to 6 months jail time
- Up to $1,000 fine before penalties and assessment
- License Suspension from 30 days to 10 months
- Interlock ignition device, IID, in some counties
First offenses for DUI can categorized in two ways, not having a prior at all, or not have a prior within 10 years under California law. Facing DUI charges and a possible conviction, especially for the first time are best handled with the guidance and representation of a lawyer. For additional facts and possible legal representation contact an attorney here.