You've been arrested on a DUI in California, and your license has been revoked. Now what? What exactly happens following a DUI charge in California? The charge is upsetting enough, but you need your car and your driver's license. So, how do you get your license back?
DMV Hearing Following a DUI Arrest
The return of your driver's license starts with your request for an administrative hearing with the California Department of Motor Vehicles. That must happen within 10 days from the date you were arrested by the officer or from the time set in a revocation letter from the California Department of Motor Vehicles. If the hearing is not held within 30 days, the DMV can order a stay of the license suspension so that you can drive until a decision is made after the hearing. If your license was valid on the day you were charged, you can request a temporary license pending the hearing. You or your attorney will receive the hearing date, which is typically a month or so out from the date of the request. A competent Los Angeles DUI Attorney will be skilled at handling this type of hearing with the DMV. If possible, retain one as soon as possible to advise you on the best approach, given the particulars of your DUI stop and blood alcohol level.
You or your attorney can make a hearing request by calling the Department of Motor Vehicles Driver Safety Branch closest to the location of your arrest. Don't delay as you only have 10 days to make this request from the date of arrest. The hearing can handled either in-person or telephonically. Most DUI attorneys will prefer to handle the hearing in-person so that they can subpoena the officers, if needed, and cross examine them in an effort to ascertain the weaknesses of the case. Your attorney can also provide a written brief to the hearing officer which can lay out the current law with respect possible legal defenses to your dui arrest.
Arraignment and Suppression Hearing
Your arraignment date can occur 1-60 days after arrest. However, you do not have to be at the arraignment if you have an attorney and are not on bond. On the arraignment date, your lawyer and the prosecuting attorney will discuss the facts of your case. At this time, your lawyer will most likely get an initial offer from the prosecutor. This negotiation is one of the functions that a DUI attorney can provide to his or her client. The Court will then set a pre-trial date with the agreement of your attorney.
If your constitutional rights have been violated, evidence against you may be suppressed by the Court. Your attorney can file a suppress motion. This usually can happen anywhere from one to three months after the arraignment.
Sentencing
The trial, generally consisting of a 12-person jury, may be held as early as two to three after the arraignment. Following a conviction or an accepted plea bargain, the Court will impose your sentence. For a DUI charge, sentences may include jail time and/or fines, a probationary term, as well as community service work and a DUI alcohol program.
Contact the Law Offices of Jonathan Franklin to schedule a free consultation to review your case and find out how an attorney can help get your life back on track following a DUI arrest.
