(Audio) Can I save my driving privilege if I am arrested for a DUI?
What you should know about defenses to Drunk Driving Offenses
If you have been arrested for driving while intoxicated in California, you don’t just have to go to court. In most DUI arrests you also will have to face a hearing with the DMV. In fact, you should move fast after a DUI arrest, because you have just ten days to request a DMV hearing to prevent your driver’s license from being suspended. If you don’t, your license will be automatically suspended for four months (on a first offense).
It is very important when you first get arrested for a DUI that you immediately contact our law firm. We can meet with you and we can contact the DMV on your behalf to demand a DMV hearing be set. Once we do that this will preserve your driving privilege and you will be able to continue to legally drive pending the outcome of the DMV hearing.
California has two separate laws on DUI. One, Vehicle Code 23152 (a), prohibits “driving under the influence of drugs or alcohol (or both)”; the other, VC 23152 (b), prohibits “driving with a blood alcohol level of .08 or higher.” You face the same punishment regardless of how you are charged.
However, it is critical to understand that the sentencing practices vary widely depending upon the specific court your case is pending in. Our law firm has offices from San Diego to Santa Barbara. In each court and county the courts will have different sentencing guidelines. Some courts demand jail time on a first DUI offense. In other courts you can avoid mandatory jail time and do community work service. In every court the specific alcohol school required upon a conviction for a DUI will be different. The court will also suspend your driving privilege for six months upon a conviction for a DUI. Some courts require you to perform community service hours and may demand you complete Alcoholics Anonymous meetings, victims’ rights proceedings or have an ignition interlock device on your car. This is why it is so vital that you retain the services of a law firm like Wallin and Klarich who have drunk driving defense lawyers who know the procedures in the local court where your case is pending.
Special circumstances, like a very high BAC, speeding or refusing to take a BAC test will add more time to any of the basic penalties. Any future violations will be punished more severely if you have a DUI on your record. And clearly, repeat offenses carry increasingly harsh punishments, which include significant time in jail and the loss of your license. In general, a DUI conviction is a huge, life-changing event that will affect your employment, your family and your financial well-being. If you’ve been charged with a DUI, you should call Wallin & Klarich as soon as possible. Our California DUI defense attorneys have the experience and the technical knowledge to find the weak points in the prosecution’s case and win your case or get your charges reduced or dismissed.
At Wallin and Klarich we begin every case with the assumption that our client is INNOCENT of the pending DUI charge. We know what the District Attorney must prove in a DUI case and we make certain that he can proof each element of the crime or we will not allow our client to enter a guilty plea. We work very hard to negotiate a reduced charge to allow our client to remain free from jail time and to retain their driving privilege. This does not happen with hard work and with powerful teamwork between our law firm and our clients.