Free DUI Lawyer In California

Reader’s Question:

I’m only 14 years old and I really don’t understand the legalities of my brother’s DUI case here in San Diego, California. He told me that he was given a pink paper or something, what is this?

Elbert

San Diego, CA

During your brother’s DUI arrest in  California, the police officer has taken away his California driver’s license and gave him a pink form that is entitled “Suspension Order and Temporary License.” This is a form that would serve as your brother’s temporary license and notice that this temporary license would automatically go into suspension in 30 days unless a hearing on the driver’s license is requested with the California Department of Motor Vehicles (DMV).

Your brother would have 10 calendar days to contact the DMV and request for a hearing. Once the hearing is requested, the driver’s license suspension would automatically be postponed pending the outcome of the DMV hearing. Your brother could be able to choose an in-person DMV hearing or a phone hearing. It would always be better that they request a live hearing. This DMV hearing would be very important on your brother’s DUI case because it would give them a preview of his DUI trial.

Reader’s Question:

What are the criminal penalties for a DWI charge in San Diego, California? How do the administrative proceedings take place? If convicted, what are the possible penalties?

Sandy

San Diego, CA

You will receive a pink slip from the arresting officer upon your arrest for driving while intoxicated. You’ll have ten calendar days from receiving the pink slip to call the DMV and ask for a hearing. If you’ve already hired a DWI attorney, he can also contact the DMV and make arrangements for a hearing. Please note that the time period for requesting a hearing is very strict. If you fail to call within ten calendar days, you will be denied a hearing and your suspension will start once your 30-day temporary license has expired. Your San Diego DWI attorney can also request for the DMV to grant you a stay since your hearing may not come up before the 30-day period ends. A stay means that the validity of your temporary license is extended beyond the original 30-day period.

If you have had more than one conviction, the penalties for DWI in California can be harsh. The penalties can include jail time, fines, court costs, probation, and other penalties designed to prevent offenders from committing the same crime in the future. With every additional conviction, the level of these penalties increases. A fourth offense committed becomes a felony and the mandatory minimums for jail time increase and the other penalties for DWI increase as well with felony charges. Considering how serious this crime is that can impact your life in a negative way, having a San Diego DWI attorney to represent you during your trial and any subsequent proceedings is very important.