What is DUI?
Driving under the influence (dui) is the criminal offense of operating a motor vehicle while impaired by drugs and alcohol in the state of ca when you are arrested for a dui you are generally charged with violating two vehicle codes : 23152 (a) and 23152 (b) . When pleading guilty code 23152 (b) you are admitting that you drove with a blood alcohol concentration of 0.08 or higher. when you plead guilty to 23152 (a0 ) you are admitting that your were driving while impaired by drugs. If one has a choice between pleading guilty to a or b it is recommended that you plead guilty to section b
Department of Motor Vehicle (DMV)
When you are arrested for a dui the police officer will provide you a temporary drivers license. you have only 10 days from the date of your arrest to contact the DMV and request a hearing. It is very important that you request a hearing with the DMV. there maybe issues that arise that will prevent the DMV from suspending your divers license, but if you don't have a hearing your driver's license is generally always suspended by the DMV.
Consequences for a DUI
Generally first time offenders do not receive jail time, but rather they must pay fines, provide a DNA sample, have their drivers license suspended and have to take a class. Generally second offenders or greater face the possibility of having to be incarcerated as an additional penalty for violation for the same crime more than once. The DMV is a completely separate entity from the court. Regardless of the punishment the court imposes the DMV can imposes an even greater punishment, in another wards the court will likely restrict your license, but the DMV will suspend your license
Importance of an Attorney
Although first time offenders may not face jail time it is still recommended that an attorney be retained to represent a defendant for the following reasons: An attorney can appear at court without the defendant being present, The attorney has the ability to examine the sufficiently of the evidence and recommend whether a deal should be struck or you hold move forward with a trial, Attorneys also have the ability to dismiss the DUI charges and request a lower penalty or once referred to as a wet reckless.
