DUI Attorney Westminster California
DUI DEFENSE WESTMINSTER,CA
Under section 23152 of the Vehicle Code, it is stated that a) It is a misdemeanor to drive under the influence of alcohol and/or drugs; b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
We are a expert DUI defense attorneys in Westminster California, committed to challenging the above with regards to our clients. Should you be arrested on suspicion or on a charge of driving under the influence (DUI), you need to contact us at your earliest convenience. This will be critical for a number of issues as addressed below.
The license suspension
When you are arrested and a “notice of suspension” for your driving license is handed over, there will be information at the back which you will want to note and act on immediately. This will give you the option of challenging the license suspension within 10 days of the arrest. In this instance we advise you to contact our Defense Attorney who will advise you on how to challenge the DWI and the best course of recovering your license. In Westminster, the Irvine Driver Safety Office is where the DMV hearing shall take place.Please note that a failure to initiate the challenge in the 10 day period means that the opportunity to challenge it later will not be acceptable. We can work on the administrative suspension before it becomes more serious by being criminalized as a license suspension. You need to speak with an Orange County attorney today if you are facing DUI charges, get a free consultation and call now.
WHAT HAPPENS TO MY DRIVER LICENSE?
The officer will give you an Order of Suspension/ Revocation. If you have a valid California driver license, the officer will take your driver license and send it to the DMV (to be destroyed). The Order of Suspension/Revocation includes a temporary driver license valid for 30 days from the issue date (usually the date of your arrest). At the end of the 30 days, the suspension/ revocation action goes into effect. If the officer does not serve you with an Order of Suspension/ Revocation, the DMV will mail you one.
The temporary driver license does not allow you to drive if there is another DMV or court-imposed DL action in effect.
The APS suspension or revocation is independent of any jail, fine, or other criminal penalty imposed in court if you were convicted of the DUI offense.
WHAT DOES DMV DO?
The DMV automatically conducts an administrative review which may include an examination of the officer’s sworn report and any accompanying documents, such as an arrest or traffic collision report.
If the review shows there is no basis for the APS suspension/revocation, it will be set aside.The DMV will notify you in writing only if the suspension/revocation is set aside.
WHAT CAN I DO ABOUT THE SUSPENSION/REVOCATION?
You have 10 days from the receipt of the Order of Suspension/Revocation to request a hearing to show that the APS suspension/revocation is not justified. The DMV will conduct a telephone hearing unless you request an in-person hearing. The APS suspension/revocation will not be stayed (delayed) unless:
- You request a hearing within 10 days from the issue date of the order and the DMV cannot provide a hearing before the effective date of the suspension/ revocation.
All information about can be found http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl35.htm
Know the Law:
When the law enforcement stops you they could use one or more of the below categories to assess sobriety. They can either determine your driving performance, your physical intoxication symptoms (speech and eye color , whether you will make self-implicating statements about what you drunk, the use of Field Sobriety tests to test for balance, co-ordination and multi-tasking abilities and finally your Blood- Alcohol levels which can also involve an alternative breath check.In Westminster, the California Forensic Phlebotomy, Inc. is the main blood testing organisation which works with the City of Westminster.
Do not be intimidated if the Field Sobriety tests create a challenge to you. We say this because scientifically, they also pause challenges to completely sober drivers. We will be able to defend you on this aspect. Notably, these tests are not legally mandatory and you will have the option to refuse them without any legal implications. This means that the above tests are open to improper use or uncertain results and we can usually unveil any errors made in hindsight. The Westminster Police will be contacted to initiate release for you or anyone close to you.
Where you receive a conviction as a first time offender, your suspension will be for a period of four months. Should there be a refusal to co-operate with any blood or breath testing then this will be increased to a one year sentence. For anyone under 21 years old, a ‘zero tolerance’ rule operates for intoxication levels over .01% attracting a one year suspension.
A repeat offender with intoxication levels over .08% automatically receive a one year suspension and if they refuse to be tested this will be increased to two years.
Our DUI defense attorneys in Westminster CA will put together a strong case with all the relevant facts to ensure you do not receive an unfair suspension.
We will ensure that you are represented throughout the process even when you are in jail for a DUI charge. We will schedule and attend the DMV hearing on your behalf to contest your license suspension and robustly seek to avoid any penalties on your behalf which may create a criminal record for you. We are the experts in DUI laws in California and we believe everyone should have affordable legal representation.
Contact our efficient and dedicated team now and receive the best defense to your case.