Am I going to lose my license and if so, for how long?
At the time you were arrested the officer confiscated/revoked your license and gave you a temporary license. You have 10 calendar days from your arrest date to request a DMV hearing to avoid a license suspension. If you do not file for this hearing then in 30 days your temporary license will be expired and your license suspension will begin from that date forward. Bear in mind, if you do not request for a hearing within 10 calendar days of your arrest then you will permanently forfeit your right to this hearing, so it is very important to get legal representation right away. If you receive the full suspension and this is your first offense you will have your license suspended for 6 months and if it is your second DUI offense within 10 years of your first offense you will receive a 1 year suspension. People who are eligible can file for a restricted license if they meet certain criteria established by the DMV. Remember, having a DUI attorney represent you at your DMV hearing gives you a better chance at retaining your license and not having to deal with a lengthy suspension. Make sure you retain an attorney as soon as possible to achieve the best possible outcome at your hearing.
If I lose my license can I apply for a restricted license?
The short answer is yes, but you will have to meet very strict criteria to be awarded a restricted license. A restricted license will allow you to drive to and from places that are restricted by court and these places are typically to and from work and DUI classes.
To qualify for a restricted license you must not have:
- Had 3 DUI’s in the past 10 years
- Have had to agree to a chemical test
- Not had a revoked of suspended license at the time of your DUI arrest
To apply for a restricted license you must:
- Request the application from the DMV before your 30 days license suspension is up
- Pay the $125 fee to reinstate your drivers license and if you are under 21 the fee would be $100 providing the judge deems that you are allowed one
- Enroll in the DUI first offender program and show proof to the DMV by providing them with proof of enrollment certificate form DL 804
- Meet certain financial responsibility requirements, which would include filing an SR-22 form or providing proof of a $35,000 cash deposit, surety bond or self insurer certification
- Install an Ignition Interlock Device may be required for some drivers
Will my insurance rates go up?
The first part to this answer is yes, if you are convicted your insurance will go up dramatically for sure and you will be required to file an SR-22 form with the DMV to reinstate your drivers license. An SR-22 form is something your insurance company will give you to prove to the DMV that you have the coverage you are required to carry by law. The second part of the answer is no, there are strategies we can use to file your SR-22 form and keep your insurance company from knowing you were convicted of a DUI, which would save you thousands of dollars in the long run. Call the San Diego Lawyer Pros today to learn more about this well kept secret at (619) 821-8227
Is a DUI a misdemeanor or a felony?
The vast majority of DUI’s are misdemeanors, however there are 3 ways to be charged with a felony DUI, and they are:
- Injure or kill someone while driving impaired
- Receive 4 DUI’s/wet reckless in a 10 year period
- Anyone who has been convicted of 1 DUI felony would receive a felony DUI for any DUI’s after that
Will my DUI arrest or conviction affect my ability to get employment?
Yes. If you have a job already that requires you to drive for a living you may lose your job due to your license suspension. A DUI conviction would also prohibit you from applying for jobs while your license was suspended that required you to drive for a living. Additionally, many employers run background checks prior to employment and a DUI conviction or wet reckless conviction could prevent them from hiring you. Another reason why it is so important to get aggressive, experienced, ethical legal representation from the San Diego DUI Lawyer Pros.
Will my DUI arrest or conviction show up on my credit report?
No, unless you do not pay any DUI fines owed or other costs associated with your DUI that would be reported on your credit report. Credit reports will not document your DUI conviction since it is a criminal matter.
Will I have to spend any time in jail?
Typically no, but since first offense laws in the state of California carry a minimum sentence of 48 hours in jail and as much as 6 months in jail for more serious first offenses there is a chance you could do a few days in jail. Aside from that, you would most likely only have to spend the original time spent in jail during your arrest and booking. If you injure or kill someone the judge may sentence you to some jail time or if you are being convicted of a 2nd, 3rd or 4th offense you may face jail time also. Again, this is why it is so important to get legal representation right away to avoid any jail time. People who hire attorneys are less likely to receive jail time and more likely to receive lighter sentences compared to those who don’t.
How much community service will I have to complete?
Community service is something that can be given to you by the judge in addition to or in replacement of other punishment like jail time.
Will I be fined and how large will my fine be?
Yes you will and the minimum cost for a 1st offense DUI conviction is at least $1,800.
Will I have to attend any type of alcohol rehabilitation classes?
Yes, it is mandatory that you complete an alcohol treatment program that is 3 months long and costs $500. For those people whose blood alcohol concentration is above .20 they would be mandated by the court to complete a 9-month alcohol treatment program.
Will I be under any type of probation if I am convicted?
Yes you will. You will be given 3-5 years of probation that has various conditions to it the most serious one being that if you are pulled over and have any alcohol in your system you will be charged with a 2nd offense and most likely convicted of such charge. You do not want to drive with any amount of alcohol in your system during your probation period. It is just a recipe for disaster.
Does my blood alcohol concentration have any bearing on how severe or light my punishment is?
Absolutely is does. Your blood alcohol concentration is huge part of how severe or lenient your conviction will be. For instance, people who have a blood alcohol concentration level of .08 or .09 are more likely to have a sentence reduced to a wet reckless as long as nobody was injured and they do not have any prior convictions of any other crimes. On the other hand, people who have blood alcohol concentrations that are double the legal limit or more can face harsher punishment that could include:
- Jail time up to 6 months for 1st offense
- Longer license suspension times
- More hours of community service
- Extended time spent at alcohol treatment programs
- Higher fines, more financial burden
- The Judge could order the installation of an Ignition Interlock Device which is a breathalyzer device installed in your vehicle to prevent you from driving with any amount of alcohol in your system
If you are someone who has been arrested and your blood alcohol content is .16 or greater is it essential to call The San Diego DUI Lawyer Pros and get legal representation right away. Call us now at (619) 821-8227 for a free consultation. Judges are very harsh on people who are double the legal limit, so call us now and increase your chances of a favorable outcome in your case!