Five Things You Need To Know If You're Charged With A DUI In California

Posted: Aug 17, 2010 |

Five things you need to know if you are charged with a DUI in California:

HIRING AN EXPERIENCED DUI ATTORNEY CAN MAKE A DIFFERENCE IN YOUR CASE

A recent study revealed that 70% of people who are charged with a DUI in the state of California are first time offenders. That means that they are likely ordinary people with little experience with the legal system. An experienced criminal law attorney who specializes in DUI cases and cares about your case can spend the time and effort required to file motions, request additional discovery, and conduct investigations that could lead to a dismissal of your DUI charge. Even if you're convinced that you're guilty, an experienced attorney will look through all of the evidence in your case to determine whether you were treated fairly in accordance with the law, and whether a reduction or dismissal of the charges against you are warranted

AN EXPERIENCED ATTORNEY WILL PROTECT YOUR TIME & PRIVACY

Depending on the individual circumstances your case, you may not have to attend all court hearings. Experienced attorneys may be able to attend some or even all of your court hearings on your behalf and you will not need to spend time away from work or even be seen in court.

THE DMV MUST BE CONTACTED ASAP

In order to preserve your right to drive in the state of California, you or your legal representative must contact the proper DMV Drivers Safety Field Office to schedule a hearing within the first 10 days of your arrest. If the DMV is not contacted within this 10 day timeframe, your license will be automatically suspended for 30 days or more. The DMV hearing is separate from the Court hearing, and determines whether or not you can keep your license. Even if your DUI is reduced to a reckless driving offense in criminal court, the DMV can still suspend your license.

THE CRIMINAL COURT HEARING IS SEPARATE FROM THE DMV HEARING

The Criminal Court hearing determines whether you will be convicted of the charges filed against you, the fines you may have to pay, probation and additional driving suspensions. You may be charged with two separate DUI offenses under the California Vehicle Code (CVC 23152(a) and CVC 23152(b)). An experienced DUI attorney may be able to aid in the dismissal of at least one of the charges. An important bit of information to keep in mind: the timeline for the DMV hearing and the Criminal Court hearing are unrelated. Depending on whether your attorney files motions and requests additional discovery, the Criminal Court hearing may span over several months, while the DMV hearing typically does not

EVIDENCE MATTERS

By law, the prosecution must turn over the evidence that they intend to use against you in court. However, the prosecution is not obligated to turn over all the materials that are related to your case, such as the arresting officer's file. An experienced DUI Attorney will take the time request discovery to obtain important information about your case, perform independent investigations, and even retest blood and urine samples, which may lead to a dismissal of the DUI charge.

A DUI charge is a serious offense and can affect many aspects of your life, including your career and relationships. Although you may be entitled to representation by a Public Defender, hiring an experienced DUI attorney who can spend the extra time you deserve on your case is the best way to make sure your interests are fully represented. Select an attorney who you feel comfortable with, who is easy to reach, and most importantly, who you feel like you can trust

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