Free DUI Lawyer In California

Reader’s Question:

HI. I have DUI conviction and I just want to know what a DMV “APS Hearing” is in San Francisco California?

Richard

Thank you for asking Richard.

In addition to court proceedings that involve your DUI defense, a California DUI arrest will also triggers the Department of Motor Vehicle (DMV) administrative action to suspend or revoked your privilege to operate a vehicle. The Administrative Per Se Hearing (APS) is your opportunity to challenge the DMV’s attempt to revoked or suspend your driver’s license. It is important that you contact your DUI lawyer within ten (10) days of your arrest to obtain a hearing for you with the DMV. Your California DUI lawyer will advise you of the issues to be addressed at the hearing and will assist you using all of his skill and experience as San Francisco DUI defense lawyer there to protect your privilege to operate a vehicle. Your lawyer may be able to present your case solely upon the written documentation in your case, but sometimes it may be necessary for witnesses to testify, including yourself, the arresting officer and our blood alcohol expert.

MariCAR

Reader’s Question:

What are the usual Court penalties for a third offense California DUI?

Olive

Thank you for asking Olive.

The penalties imposed by the court for a California DUI conviction differ considerably depending on different factors like the facts of the case, whether there are any prior convictions for DUI, and the defendant’s individual circumstances. Factors that increase penalties and result in county jail time may include prior convictions, a traffic accident, a high blood or breath alcohol content, excessive speed combined with reckless driving, refusal to submit to a chemical test or the presence of young children in the vehicle. Additionally, penalties can differ from county to county and from court to court. Some counties routinely impose jail time even on a first-time California DUI conviction with none of the referenced aggravating factors.

The maximum penalties include probation, a fine, a 30 month alcohol education program, a two year license suspension and one year in county jail. In addition to the probation, fines and alcohol programs that may be imposed , a third offense conviction mandates minimum county jail time of 120 days up to one year in custody. There can also be a license revocation for three year.

Goodluck!

MariCAR