Monder Law Group - News
MONDER LAW DUI CRASH COURSE GUIDE:
Half of the arrests made in San Diego are DUI’s. For many of these people, it is there first DUI. They have no idea what penalties they face, and wonder what they can do to fight the charges. What will happen to my driver’s license? Will I face any jail time? Are there any fines? Did I say the right things at the traffic stop? Should I get an attorney? These are common questions my firm is asked all the time. It gets even more complex when you have multiple DUI’s and any priors. A repeated offender could face serious jail time, a multiple year suspension on their driver’s license, probation, and fines.
An individual will need to obtain a restricted license if they plan on going anywhere with a suspended license. This allows for a person to travel to and from work, that’s it. The process in getting this license requires proof on insurance and enrollment in a DUI program. The length of this program depends on your unique case. An experienced attorney can explain to you what is required for your case, and provide all possible options to meet your goals.
Unfortunately, the confusion does not end here. You will be given penalties from both the DMV and the courts. The DMV will suspend your license for a period of time. This could last from several months to several years. Once you license is fully suspended, the DMV immediately receives your original license and any supporting documents involving the case. Again, this is based on the suspicion of a DUI and guilt is not fully proven yet. Therefore, you are able to fight this suspicion in court with proper representation. You have 10 days to notify the DMV that you wish to challenge the suspicion and that you want a hearing. Otherwise, your license will be suspended for four months after your 30 day period. The DMV can extend that period if they are unable to schedule a hearing in time.
For court penalties and suspensions, the length is totally based on priors and the seriousness of the offense. This must also be in the timeframe of 10 years. A restricted license can be obtained depending on your situation. That too will depend on a variety of eligibility factors involving in priors, other suspensions, seriousness of the current DUI, etc. The courts impose jail time and fines that are directly correlated with the severity of the case and any priors.
Court convictions are good and bad in different ways compared to DMV suspensions. First time offenders get a six month suspension as opposed to the four months given by the DMV. However, time suspended through the DMV can be credited towards the court suspension. Also, a restricted license can be applied for immediately, whereas you must wait after the DMV’s 30 day period to apply.
We understand that all of this its complicated and needs more detail. Monder Law Group has provided a custom DUI Crash Course Guide to bring transparency to a DUI. Here, you will find information on the kinds of penalties involved in your specific case, how to handle a traffic stop, and how to get the best possible results for your situation.