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What Are The Immediate Consequences Of A DUI Arrest In California?
After a DUI arrest in California, there are several potential consequences you can expect to face depending on the circumstances of your particular situation.
If you’re 21 or older and your blood alcohol concentration (BAC) is 0.08% or higher, the arresting officer will most likely confiscate your driver’s license. For a first-time DUI arrest, you’re typically facing a four-month license suspension. You could face additional suspension time for other factors, like a repeat offense or refusing the field tests.
There are also additional penalties to consider after a DUI arrest, like fines. You could be looking at the cost of vehicle towing and impound fees, which will vary depending on how long your car was held by the facility. There is also a fee to reinstate your license if it was suspended, or the cost of installing an Ignition Interlock Device (IID).
The best way to reduce the impact of consequences after a DUI arrest is to contact an attorney who has experience handling DUI cases in your area.
In the state of California, a first-time DUI is usually a misdemeanor, which can potentially result in about six months of jail time for the offender.
However, for most first offenders, jail time can typically be avoided as long as there isn’t an aggravating circumstance, such as an egregiously high BAC, or if the DUI resulted in an accident and caused harm to someone.
Every DUI case is unique, and it’s important to understand that the earlier you seek legal representation, the better. A qualified DUI attorney will be able to negotiate alternatives to jail, such as community service, house arrest, or participation in a drug diversion program.
The short answer is it depends. Every case is different, and various circumstances could affect the timeline of your DUI case. On average, most cases in Los Angeles take away from several weeks to six months to resolve.
If you’re a first-time offender and there were no aggravating circumstances, it is possible for these cases to resolve fairly quickly, in about two to three months. However, if the case ends up going to trial or there were complicating factors like a high BAC, an accident, or a refusal to conduct a field sobriety test, you’re looking at a longer timeline.
Another factor that could result in a longer timeline is if the courts in Los Angeles County are experiencing a backlog of cases. LA has an extremely busy court system, and it’s not uncommon for delays to be caused by high caseloads.
The best thing you can do to expedite the timeline of your DUI case is to hire a DUI attorney who is familiar with the local court system and has the experience needed to navigate delays effectively. There are many things outside of your control once you’ve been arrested for a DUI, but choosing to start your legal strategy early is in your hands.
When you’ve been arrested for a DUI in California, as mentioned previously, the arresting officer will typically confiscate your driver’s license. You will be issued an Order of Suspension along with a temporary driver’s license. The temporary license is valid for 30 days, and you will be legally allowed to drive during this period of time.
In order to keep your driving privileges after the temporary license expires, you will need to request an administrative hearing from the Department of Motor Vehicles (DMV). You have only 10 days from the date of the order to request the hearing, and if you fail to do so, your license will automatically be suspended.
If your license is suspended, there’s a chance that you may be eligible to apply for a restricted license. Often, first-time offenders will have a better chance and will have to install an IID in their vehicle, which will let them drive during the suspension period.
For more information on retaining your driving privileges after A DUI arrest in Los Angeles County, call now for a free case evaluation (888) 4-TOPGUN.
In California, there is an “implied consent” law which essentially states that if you’re lawfully arrested for a DUI, you’re legally required to submit to a chemical test, meaning breath or blood. If you refuse to submit to the test, you will potentially open yourself up to serious consequences even if you wouldn’t have been convicted for the DUI otherwise.
A refusal of the breath or blood test will result in the California DMV suspending your license. This suspension is mandatory and independent from any criminal proceedings. You will not be eligible for a restricted license during this time.
The refusal can also be used against you if your case goes to court. Prosecutors can and will argue that your refusal was born out of guilt and make arguing your case much more difficult.
If you want to give your case the best chances of success, do not refuse a breath or blood test. If you have already refused a breath or blood test, the next best thing you can do is immediately seek legal representation to help build a solid defense.