So, you've been pulled over for driving under the influence in California. What happens to you then?

A Los Angeles DUI has several steps, from pulling you over to getting penalties. However, you want to make sure that you're fairly treated at each point of the process.


Here's what to expect in a California DUI arrest:


california DUI process


The 3 Crucial Processes In Los Angeles DUIs


1. The DUI Arrest In Los Angeles


Most DUI arrests in California begin with a DUI checkpoint or a traffic stop. Next, the officer will instruct you to perform several field sobriety tests and/or blow into a hand-held breathalyzer. Following an arrest, the officer will typically request that you submit to a breathalyzer or blood test at the police station, jail, or hospital.


You're required by law to take this examination. If you refuse the test, you might face severe DUI charges in California and a one-year license suspension.


After your arrest and booking, the police will let you out of jail within a few hours (in most misdemeanor DUI arrests). You could need to pay the bond in accident instances or felony DUI offenses, though.


You should be given two documents when you are let out of jail:

  1. A ticket indicating your need to appear in court
  2. A temporary license

Your physical California driver's license will often be kept by the police and sent to the DMV. The police from a department in California are not allowed to store your actual license card if you have a license from another state and are charged with DUI in California.


2. DMV Processes


You must request a hearing from the DMV 10 days after your arrest. Your right to a DMV hearing is forfeited if you wait more than 10 days, and your driver's license will be suspended immediately after 30 days. If you retain a California DUI attorney within those ten days, your lawyer can contact the DMV on your behalf and request a hearing.


It's typically better for us to do it as lawyers can usually plan the hearing for a time that works for us. In addition, Los Angeles DUI Lawyers might be able to exert pressure to have a more favorable DMV officer assigned to our case.


Usually, your California DUI lawyer will attend the court on your behalf. However, you might or might not need to go alone. Your attorney's objective is to prevent the DMV from suspending your driver's license. However, the DMV hearing also allows your lawyer to become aware of new information that can support your legal arguments.


california DUI attorney


For instance, your California DUI lawyer can subpoena the breathalyzer's calibration and maintenance documents during the DMV hearing. This frequently reveals a history of inaccurate readings. The police officers may also be required to testify at the DMV hearing by order of the DMV. Their testimony often uncovers flaws in how they handled the investigation into your case and flawed DUI procedures.


Following the hearing, the DMV hearing officer weighs the available evidence before mailing a written decision within one to thirty days. The DMV won't revoke your license if it finds it in your favor (but a DUI conviction in court later may still result in a suspension). However, your license will be suspended within a few days, as specified in the notice, if the DMV rules against you.


Remember that DMV hearings are only possible in situations of DUI with alcohol. The hearings' goal is to ascertain whether an adult driver's blood alcohol content (BAC) was above.08% or an underage driver's BAC was at or above.00%. DUI drug arrests in California, such as those for marijuana, Ambien, or Vicodin, do not qualify for a DMV hearing. A judge's verdict in any of these cases leads to an immediate suspension of the driver's license.


3. Possible License Suspension


If your driver's license is suspended, you typically have another 30 days to apply for a restricted license. After that, you can travel by car to and from work-related events and to any DUI classes that the court or DMV has ordered.


Sometimes we can arrange for you to receive a limited license more quickly. However, while the suspension is still in place, you must always abide by it. Driving with your license suspended in California is against the law. You risk going to jail if you violate your probation. Additionally, your license would be suspended for much longer.


los angeles dui lawyers


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