What should I do if I have just been arrested for DUI (driving under the influence) in California?
If you have just been arrested for DUI in California, it is important that you contact an experienced California DUI defense lawyer immediately. Your delay may affect your case. At California Criminal Defense Center, you can get a free consultation with a highly skilled and experienced DUI attorney.

Will I lose my driver’s license?
If you are arrested for DUI, the arresting officer will immediately confiscate your license at the scene. You then have 10 days to request a DMV hearing to challenge the suspension of your license. If you do not request a hearing, your driver’s license will automatically be suspended.

How can I get my driver’s license back?
Hiring an experienced attorney will greatly increase your chances of getting your license back. Your attorney may be able to help you schedule the DMV hearing and can represent you at the hearing.

Is a blood test or a breath test more accurate?
A blood test is more accurate than a breath test. However, both tests are fallible and susceptible to human errors and equipment malfunction. You will need an experienced California DUI defense lawyer who can challenge the reliability of any blood tests or alcohol breath testing devices.

What if this is my first offense?
Depending upon the seriousness of the charge, you may be looking at a jail sentence, probation, fines and restitution.

If I’m arrested for DUI, how can I stay out of jail?
It is possible to stay out of jail by obtaining alternative sentencing such as community service or counseling. An experienced attorney would be able to request this from the court.

Is my scheduled court date on my DUI similar to the DMV hearing?
No. The DMV hearing is an administrative matter regarding the suspension or revocation of your driving privileges.

How is the DMV hearing different from the court trial for DUI?
The DMV hearing is an administrative proceeding. The DMV does not make any decisions about your whether you are innocent or guilty of a criminal act. The DMV does consider the circumstances surrounding your arrest in making its decisions. At the DMV hearing, only the following issues will be discussed:

If you took a blood or breath test:

»	Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152, or 23153?
»	Were you lawfully arrested?
»	Were you operating a motor vehicle with a blood-alcohol concentration of 0.08% or more by weight?

If you refused or failed to complete a blood or breath test:

»	Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152, or, 23153?
»	Were you lawfully arrested?
»	Did the officer tell you that your refusal to submit to (or your failure to complete) a blood or breath test would result in a one year suspension, or a two or three year revocation of your driving privileges?
»	Did you refuse to submit to (or fail to complete) a blood or breath test after being requested to do so by an officer?

Am I required to have a DMV hearing?
No. However it will be your only opportunity to fight the suspension of your driving privileges.

My driving privileges were suspended following my DMV hearing, but I was found not guilty of the DUI charges in court.  Do I get my license back?
If you were acquitted of all DUI charges in court, the DMV will verify acquittal of all DUI charges and the suspension or revocation will be reversed.

My driving privileges were suspended after my DMV hearing, but I plead guilty only to a reckless driving in court.  Do I get my license back?
No.  The DMV takes action separate and independent from the court.

My driving privileges were suspended after my DMV hearing, but the DA’s Office did not file DUI charges against me (or my DUI charges were dismissed). Do I get my license back?
Not necessarily. Under California law, a driver may have a renewed right to a hearing within one year of the driver’s arrest if the DUI charge is not filed by the DA due to insufficient evidence, or if the case is dismissed for insufficient evidence.

I got a conviction for DUI. How can I get a restricted license?
After a mandatory 30-day suspension, you must show proof of enrollment in a DUI treatment program, proof of financial responsibility (SR 22), and pay reissue fee of $125. You may request a restricted license that would allow you to drive to and from the DUI program and/or to, from, and during work.

If you were under 21 and your license was suspended under the Zero Tolerance Law, the reissue fee remains at $100 (Vehicle Code §§23136, 13353.1, 13388, 13392).

If you have a commercial driver license and you were not operating a commercial vehicle at the time of the offense: after a mandatory 30-day suspension, you may request a restricted license by paying a reissue fee of $125. The restricted license would allow you to drive to and from work. It would also allow you to drive during work.

For commercial driver licenses: if you were under 21 and your license was suspended under the Zero Tolerance Law, the reissue fee remains at $100 (Vehicle Code §§23136, 13353.1, 13388, 13392).

Anyone who has suffered a 2nd DUI conviction within 10 years of a prior conviction: you may request a restricted license one year after the effective date of the suspension. You must show proof of enrollment in the DUI program, pay a reissue fee of $100, and provide proof of financial responsibility.

Anyone with a 3rd DUI conviction within 10 years of the prior two convictions is not eligible to apply for a restricted license.

If you have any other questions about your DUI case or your driving privileges, you can discuss you matter during a free consultation with an expert DUI lawyer at California Criminal Defense Center. You can call us toll free at 1-800-4-DUI-LAW (1-800-438-4529). You can also email us by completing the free consultation form on this page.