Posted: Tue Nov 14, 2006 1:24 am Post subject: CA Drivers License Information
One of the worst parts of getting a DUI in the state of California is having to deal with the CA DMV in regards to your drivers license.
California is a 'per se' state meaning even if you were not driving poorly your drivers license will be suspended for testing over .08% BAC.
Here's what the CA DMV has to say about first offense DUI,
"If you are convicted of driving with excessive BAC or while under the influence of either alcohol or drugs or both (DUI), you may be sentenced to serve up to six months in jail and to pay a fine between $390 and $1000 (plus about three times the fine in penalty assessments) the first time you are convicted. Your vehicle may be impounded and subject to storage fees.
On the first conviction the court will suspend your driving privilege for six months and require you to complete a DUI program before you can be reinstated. The length of the program may vary. If your BAC was .15% or higher and you already had a record of violations for other reasons or you refused to submit to a chemical test, the court may order you to complete a nine-month or longer program. You could also be required to install an ignition interlock device (IID) on your vehicle. An IID prevents you from starting your vehicle if you have any alcohol on your breath. If anyone was injured as a result of your driving, the suspension period is one year.
In cases involving serious injury or death, you may be punished under California?s Three Strikes Law. You also could face a civil lawsuit. All DUI convictions will remain on DMV?s records for ten years and the courts and the DMV may impose more stringent penalties for subsequent violations during that period.
A BAC below legal limits does not mean that you are safe to drive. Almost all drivers show impairment by alcohol at levels lower than the legal limit. The impairment you exhibit at the time you are stopped may be enough to convict you of driving under the influence even without a BAC measurement."
One of the most important things to keep in mind after a DUI offense in California is to make sure you schedule your DMV hearing within the specified amount of time (10 days).
This hearing is your chance to save your license and you can (and should) bring a skilled CA DUI defense attorney in with you if you really want a chance to keep your driving privileges.
The CA DMV hearing is a civil hearing so you won't be subject to jail terms or anything like that nor will you be allowed a court appointed lawyer. If you want representation there you'll have to pay for it.
This info will be updated as the CA DMV updates their information.
