DUI: A serious offense
Driving Under the Influence (DUI) is a serious politically charged crime in California. When you are arrested for DUI, you may be surprised to learn that you will probably be charged with two crimes, not one -- driving under the influence of drugs or alcohol [California Vehicle Code § 23152(a)] and driving with a blood alcohol concentration (BAC) of 0.08% or greater [California Vehicle Code § 23152(b)].
In addition to the criminal charges, the Department of Motor Vehicles (DMV) will immediately move to take your driver's license. When you are arrested for DUI in California, your driver's license is immediately confiscated by the arresting officer, who will then issue you a Notice of Suspension. This notice will only allow you to drive temporarily for 30 days. However, you have the legal right to challenge your driver's license suspension by scheduling a hearing with the DMV.
You only have 10 days from the date of your arrest to schedule your hearing with the DMV. Failure to schedule a hearing will lead to the forfeiture of your right to challenge the loss of your license.
Many people charged with DUI have a predominantly difficult time dealing with their criminal charge, often because it is the first crime with which they have ever been charged with. The legal ramifications for a DUI conviction are extremely stressful and life-changing. DUI convictions can result in punishments such as imprisonment, monetary fines, and driver's license suspension. You may also be subject to sentence enhancements if:
- You refused to submit to a chemical test.
- You were driving 20 mph over the speeding limit.
- You were operating with a BAC of 0.15% or greater.
- You have a prior conviction within the past 10 years.
- You had a child under the age of 14 in the car.
The consequences for a DUI conviction are too detrimental to go without the assistance of a knowledgeable attorney. Attorney James Sansone is an experienced knowledgeable DUI lawyer who knows which arguments work - and which ones don't. As your attorney, Jim can advise you of your rights, challenge the evidence brought against you, and keep you out of court. Jim will handle the paperwork associated with your case, schedule your DMV hearing, and save you time by representing you in court. Contact JVS Law to learn more.




