DMV.com - your advisor for California DMV issues (not from California? Select another state)

California DUI Defense - Handling a DUI charge

It is very important for anyone who has been charged with a California DUI / DWI to understand that this charge is very serious and requires the services of a California DUI Lawyer. A California DUI Defense is a complex matter because a single DUI charge causes two separate cases to be opened. First is a CA DUI criminal case and the second is a DMV case that determines the fate of your drivers license. Both of these cases can be very complicated and are triggered when a person is arrested or charged with any of the following: drinking and driving, driving while intoxicated, driving under the influence of drugs (DUID), other DUI related offenses.

[edit] CRIMINAL DUI DEFENSE

Most people consider the criminal California DUI defense to be their top priority since it can potentially involve felony charges, probation and jail time. Although the DMV hearing is also very important, California DUI lawyers will know how to schedule and handle this along with the criminal case.

The California DUI criminal court case can be either a misdemeanor DUI or a felony DUI. Whether the case is a felony or a misdemeanor will depend on number of times the driver has been charged with a DUI and whether or not the driver was involved in an accident that resulted the injury or death of another person. The case will be a felony either on the fourth DUI charge in ten years or for any DUI regardless of priors that involves injury or death of someone other than the person charged.

[edit] DMV HEARING DEFENSE

The second type of California DUI defense that a person requires is for the DMV DUI hearing. When a person is arrested for DUI / DWI a California DMV APS action is initiated. This is true whether the motorist is a California resident or holds a California driver's license and regardless of whether the criminal charges are a misdemeanour or a felony. This hearing will determine the fate of motorists driving license so it is extremely important to have representation by a qualified DUI lawyer at this hearing.

An individual who has been arrested for a drinking and driving or any other California DUI offense must request a dmv administrative hearing within ten (10) days of the arrest. If a DMV Hearing is not requested on time the CA DMV will suspend driving privileges automatically on the 30th day following the arrest. It is very important to find a qualified California DUI lawyer who understands all these issues because many general practitioners and even criminal lawyers don't understand DMV Hearings. An experienced DUI attorney can contact the DMV to give them the appropriate notifications in order to avoid automatic suspension.

[edit] HAVE A QUALIFIED CALIFORNIA DUI LAWYER CONTACT YOU

Non CA residents who are arrested for DUI in California will also have their license suspended if the hearing is not requested on time as the California DMV will notify the driver's home state DMV organization usingthe Interstate Driver's License Compact. This suspension will stand until the CA DMV and criminal DUI charges have been resolved.

Contact information
Do either of the following apply?
Select all tickets that apply:

[edit] SEEK LEGAL ADVICE IMMEDIATELY FOR YOUR CALIFORNIA DUI DEFENSE

If you have not retained a DUI attorney to handle your case it is very important that you seek legal advice from a California DUI lawyer. To have a qualified California DUI defense lawyer contact you regarding a DUI charge fill out the secure contact form on this page. You will be contacted by a legal representative who will take down the basics of your charges and find a local, qualified and experienced lawyer to prepare your DUI defense. This service is free and you are under no obligation to use the services of the DUI lawyer who contacts you.

Learn more about the services of California DUI lawyers in the next article >>>.