San Luis Obispo DUI Attorney Drunk Driving DMV Hearing Lawyer

DUI means driving under the influence of alcohol. It has also become the general term used to mean driving while intoxicated (DWID), or driving under the influence drugs (DUID).

There is only one definite way to avoid a DUI and that is to not drink and drive. If you are going to drink alcohol then do not drive. Instead, call a family member or friend, have a designated driver, or take a taxi.

BAC is the abbreviation for blood alcohol concentration. It is illegal to operate a motor vehicle with a BAC of 0.08% or greater, if over 21 years old. For drivers under the age of 21, it is illegal to operate a motor vehicle with a BAC of 0.01%. In accordance with California’s Zero Tolerance Law, it is illegal for a driver to operate a motor vehicle if under the age of 21 with a BAC of 0.01%. The Zero Tolerance Law means it is illegal for an individual under 21 years old to drive with any measurable amount of alcohol in their blood.

No, if your BAC is 0.08% or greater and you are simply sitting behind the steering wheel with your keys in the ignition, you could be arrested for DUI. The reason you could be arrest is you are in physical control of the car. Physical control of the car means you have the means and power to control the vehicle. Therefore, you could be arrested for DUI as long as your BAC is over the legal limit. If you are under 21 years old, then your BAC only needs to be 0.01% or greater to be arrested in this example.

You are required by law to take a chemical test to determine your BAC level. The law is called “implied consent for chemical testing”. It means any person who drives in California has given their permission to chemical testing of their breath or blood to determine the alcohol content of their blood. A chemical test can be your blood, breath or urine. However, urine tests are used only if both blood and breath tests are not available, or you are a hemophiliac, or you are under a medical doctor’s care for a heart condition and taking an anticoagulant medication.

You can be arrested because it is illegal to drive a vehicle if your normal faculties are impaired regardless of your BAC. Normal faculties are defined as those things someone customarily does, such as the ability to walk, talk, judge distances, drive a vehicle, make judgments, etc.

Yes, the police officer will confiscate your driver’s license at the time of your arrest. The officer will also issue you a form that acts as notice of your driver’s license suspension. This same notice will serve as a 30-day temporary driver’s license.

Yes, but you must request a Department of Motor Vehicles (DMV) hearing within 10 days of the DUI arrest. That is 10 calendar days. If your attorney can prove there was no foundation for the suspension, then you will be able to get your driver’s license reissued. An important note is that the DMV will only notify you in writing if the action (suspension or revocation) has been set aside.

If it was your first DUI offense, then you can get your driver’s license back after 4 months. If it was your second DUI offense within 10 years, then you can get your driver’s license back after 1 year. If it was your third DUI offense within 10 years, then you can get your driver’s license back after 3 years. If it was your fourth DUI offense within 10 years, then you can get your driver’s license back after 4 years. If you were under the age of 21 at the time of the suspension, then you can get your driver’s license back after 1 year.

If it was your first DUI offense, your license will be suspended for 1 year. If it was a second DUI offense within 10 years, your license will be suspended for 2 years. If it was a third DUI offense within 10 years, your license will be suspended for 3 years. If you were under age 21 at the time of your arrest and it was a first time DUI offense, your license will be suspended for 1 year. If it was a second DUI offense within 10 years, your license will be suspended for 2 years. If it was a third DUI offense within 10 years, your license will be suspended for 3 years.

In order to have your license returned after a suspension or revocation period, you must pay a $125 reissue fee to the DMV and file form SR-22 proof of car insurance. If you were under 21 at the time your driver’s license suspension occurred under the Zero Tolerance Law, you must pay at reissue fee of $100 to the DMV. You must also file proof of car insurance (form SR-22).

A restricted driver’s license allows you conditional driving, such as to work or school. The way to get one is to apply at any DMV field office. A DMV hearing will not address whether to grant a restricted driver’s license or not. The purpose of a DMV hearing is to review your original driver’s license suspension.

The court trial will deal with whether you are innocent or guilty of a criminal act. The DMV hearing is an administrative action whose only concern is whether you will keep your driver’s license. The DMV hearing focuses on the circumstances concerning your arrest. The goal is to determine if the evidence supports the suspension of your driver’s license.

It is possible and you want to be prepared. However, it is likely that the case can be resolved without trial especially if it is a first offense. It would be best to discuss your options and strategies with an experienced DUI criminal defense lawyer.