Drunk Driving Offenses
California criminal defense attorney Thomas Wallin handles in California DUI cases, so if you have been arrested for driving under the influence and need a DUI Lawyer today, today at 1-866-857-5900. You must contact a lawyer immediately if you have been arrested for a DUI. Mr. Wallin can request an Admin Per Se hearing from the DMV, but must do so within ten days of your arrest in order to protect your right to a hearing and prevent your driving privilege from being suspended for 4 months. A DMV hearing is a civil matter, and is run by the DMV’s Office of Driver Safety which acts as both judge and prosecutor in deciding the outcome of the case. For more specific information on DUI charges, see duipractice.com.
The DMV hearing officer acts as both judge and prosecutor and they are only interested in the following three issues:
- Did the arresting officer have reasonable cause to believe that you were driving under the influence,
- Was the arrest lawful,
- Was your blood alcohol .08 or higher at the time of driving.
California criminal defense lawyer Thomas Wallin knows the technical issues involved in DMV cases and is experienced in the legal charges of a DUI. For example, the charge of driving under the influence actually consists of two charges: 23152(a)V.C. "driving under the influence of drugs or alcohol (or both)" and, 23152(b) V.C. "driving with a blood alcohol level of .08 or higher," which carry the same punitive outcome whether you plead to either offense. Conviction on either charge is termed “priorable” for the next 10 years, which means that if you are arrested for a DUI within those 10 years, you will be charged on a second offense that will require mandatory jail time and a one year license suspension.
A person who has a DUI conviction must also maintain proof of insurance that must be on file with the DMV during your probation period. If your insurance should lapse during this period, the DMV will suspend your license. In addition, if you are caught driving while your license is suspended for a DUI conviction, the mandatory minimum jail term is 10 days. See “Driving on a Suspended License” LINK. Also, if you plead guilty to an infraction for possession of marijuana while driving a vehicle, the DMV will suspend your driving privileges for six months.
California criminal defense attorney Thomas Wallin has the experience to secure a favorable outcome in DUI and DMV cases, so call now at 1-866-857-5900.
Contact us about your criminal defense matter!
|
