Will my license be suspended and if so, for how long??
When you were arrested for your DUI the police officer confiscated your license and issued you a temporary license to take with you. From the day you were arrested you only have 10 calendar days to request a DMV hearing and avoid a driver’s license suspension. In the event that you do not file for this hearing then in 30 days your temporary license will expire and your driver’s license suspension will begin from that date moving forward. It is extremely important for you to know that if you fail to request a DMV hearing within 10 calendar days of your arrest then you will essentially be forfeiting your right to this hearing at all and will definitely receive the maximum license suspension under the law, which is 6 months on your 1st DUI offense. This is the number one reason you need to get an experience DUI attorney to represent you as soon as possible. If you do not get legal representation to appear with you at your DMV hearing you could receive the full suspension and again, if this were your 1st DUI offense you would have your license suspended for 6 months. If this were your 2nd DUI offense within 10 years of your 1st DUI offense then you would receive a one-year mandatory suspension. People who meet certain criteria under the DMV requirements and are qualified or eligible can file for a restricted driver’s license. Remember, hiring an experienced DUI attorney to represent you at your DMV hearing is essential and gives you the best chance to retain your driver’s license and not have to endure a lengthy drivers license suspension that would complicate your life even further. Make sure you retain an experienced DUI attorney as soon as possible to give you the best opportunity for the most favorable outcome at your DMV hearing.
If my license is suspended, is it possible to get a restricted license?
Yes you can but if you would have to meet very strict criteria to be awarded a restricted drivers license from the DMV. Even if you were granted a restricted driver’s license you would only be permitted to drive to and from places that are restricted by the courts. And these places are typically to and from your place of work and mandated DUI classes.
In order to qualify for a restricted license you must not have had:
- 3 DUI arrests in the past 10 years
- Refusal to agree to a chemical test
- A revoked or suspended drivers license at the time of your DUI arrest
To apply for a restricted license you must meet the following criteria:
- You must have requested the application from the DMV before your 30 days license suspension over
- You must pay the $125 fee to reinstate your drivers license and if under the age of 21 this fee would be $100 providing the judge agrees that you are allowed one
- You must enroll in a DUI first offender program and show proof of this to the DMV by providing to them proof of enrollment certificate form DL 804
- You must meet certain financial responsibility requirements, which include filing an SR-22 form or providing proof of a $35,000 cash deposit a surety bond or self insurer certification
- You may have to have an Ignition Interlock Device installed in your vehicle, this may be required for some drivers
Will my insurance rates increase?
If you are convicted of DUI your insurance rates will most definitely go up. In addition to your insurance rates drastically going up you will be required to file an SR-22 form with the DMV to reinstate your driver’s license. An SR-22 form is a form your insurance will give you to prove to the DMV that you have the proper coverage required to carry by law after being convicted with a DUI offense. Even if you are convicted of a DUI offense there are special strategies that we can use to prevent your insurance company from figuring out that you have a DUI conviction. To learn more about the special strategy call the Los Angeles DUI Lawyer Pros today to learn about this well-kept secret at (323) 813-4381.
If I’m convicted of DUI, is it considered a misdemeanor or a felony?
The vast majority of DUI convictions are misdemeanors, however there are 3 ways that you could be charged with a felony DUI, and they are as follows:
- If you injure or kill someone while you are driving impaired
- If you receive 4 DUI’s and/or wet reckless arrests within a 10 year period
- Anybody who has been convicted of 1 DUI felony would receive a felony DUI for any DUI’s arrests that would occur after the 1st DUI conviction
How will a DUI conviction affect my ability to get a job?
Absolutely, if you currently have a job that requires that you drive for a living you could lose your job due to your driver’s license suspension and your inability to perform your job duties. A DUI conviction could also prevent you from applying for jobs during your driver’s license suspension that would require you to drive for a living. You also should know many employers can and do run background checks prior to hiring employees and a DUI conviction or wet reckless conviction could prevent them from hiring you. This is just one more reason why it is so important to get aggressive, ethical, experienced legal representation. Call the Los Angeles DUI Lawyer Pros today for free consultation.
Will a DUI conviction and/or arrest negatively affect my credit?
A DUI arrest or conviction cannot affect your credit report unless you fail to pay any DUI fines owed or any other costs that may be associated with your DUI arrest or conviction that could be reported to the credit bureau’s. Credit reports do not document your DUI conviction or arrest since a DUI arrest or conviction is criminal matter so your actual DUI offense will not be on your credit report unless of course you did not pay any fines or other costs associated with your DUI arrest or conviction.
Will I have to spend time in jail?
Generally no, but please understand 1st offense DUI laws in the state of California do carry a minimum sentence of 48 hours in jail and you could receive as much is six months in jail for a more serious 1st offense. The reality is you could spend a few days in jail; however for most people the only time spent in jail is the actual hours or days spent following your DUI arrest and booking. If you do kill or injure someone in a DUI crash the judge may sentence you to some jail time. Other scenarios that could leave you spending time in jail are if you are being convicted of a 2nd, 3rd or 4th DUI offense. Repeat offenders are much more likely to spend time in jail than 1st offenders. Again, this is why it is so very important to get experienced legal representation right away to avoid any time spent in jail. People who are arrested for DUI are less likely to spend time in jail and more likely to receive lighter sentences for any jail time compared to those who do not get legal representation.
If I’m convicted, will I have to do community service?
You could be assigned community service by the judge in replace or in addition to jail time. Generally it is up to the discretion of the judge.
What types of fines will I face?
Yes of course and the fines associated with a 1st offense DUI will cost you approximately $1,800.
Will a judge order me to complete an alcohol rehabilitation class?
Yes, the court will mandate that you complete an alcohol treatment program that will take 3 months to complete and total costs will run you $500. If your blood alcohol concentration is over .20 you will be mandated by the judge to attend and complete a 9-month alcohol treatment program.
Will I be placed on probation if I’m convicted of DUI?
Absolutely you will. Every person convicted of DUI will be given 3 to 5 years probation that could include various conditions with the most serious condition being if you are pulled over and have any alcohol in your system you would be charged with a 2nd offense and would most likely be convicted of that charge. After being convicted of your 1st DUI you will not be permitted to drive with any alcohol in your system and if you do during your probationary period you could receive a 2nd DUI and receive more severe 2nd offense punishment from the judge for violating your probation.
Will my blood alcohol concentration (BAC) affect the severity of my punishment?
Of course it does, since your blood alcohol concentration is a huge piece of assessing how dangerous you are to the community and the judges take this very seriously. Typically the lower your blood alcohol concentration is the more lenient your punishment will be, and the higher your blood alcohol concentration is the more severe your punishment will be. People who have a blood alcohol concentration level of .08 or .09 are more likely to have a sentence reduced to a wet reckless, providing there were no injuries and you did not have any prior convictions of any other types of crimes. If your blood alcohol concentration was double the legal limit or more a judge could hit you with extremely harsh punishments that could include:
- You could be sentenced to jail time up to 6 months for 1st offense
- You could receive a much longer driver’s license suspension time
- The judge could sentence you to more hours of community service
- You may be required to spend more time at an alcohol treatment program
- You could be required to pay higher fines, equaling more financial burden
- The Judge may order the installation of an Ignition Interlock Device which is Breathalyzer device that would be installed into your vehicle to prevent you from driving with any amount of alcohol in your system
If you have been arrested for DUI and your blood alcohol concentration is .16 or greater it is extremely important to hire an experienced DUI lawyer at the Los Angeles DUI Lawyer Pros and get yourself the representation you need to prevent these harsh punishments. Call us now at (323) 813-4381 for free consultation. Again judges are extremely harsh on people who are double the legal limit, call us no and give yourself the best chance at not having to facing additional punishment.