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What happens if I am arrested for DUI? Do I have to defend myself in court? What about the DMV process?

Posted by Dmitry Gorin | May 26, 2007 | 0 Comments

Recent changes instituted by the California legislature have dramatically increased the consequences for first or subsequent DUI arrests. A DUI arrest where someone's blood alcohol is .08% or greater begins two separate legal proceedigns - one in court, and one with the DMV. In court, it is a criminal proceeding, where a suspect on a 1st time DUI faces up to 6 months in jail (not mandatory jail - optional), a fine of up to $1000 plus penalties, and other consequences such as community services, working at the morgue, and/or the hospital. The DMV institutes separate administrative proceedings to take away the suspect's license for up to 4 months. You have 10 days from the time of your arrest to request a hearing to fight this suspension, or you lose your license without even a hearing. If you have prior DUI convictions, the consequences in court and the DMV are substantially worse including mandatory jail, a year or more license suspension, and extensive alcohol schooling. A person who has a professional license (lawyers, doctors, police officers, others), or a class A commercial driver's license, have collateral consequences at their place of employment as for many a criminal conviction may cause them to lose their job or face suspension from working. Tagged as: dui drunk driving defense vc 23152, faq


Kelsey Kernstine on November 12, 2007 at 3:31 p.m. wrote: I am surprised that the consequences have been increased for a DUI arrest, when I do not believe that the consequences are still even harsh enough. Most people are not going to spend the 6 months I prison, so I know that most people end up paying the $1000 plus penalties of community service. I do not believe that paying a fine will make a person learn not to drive drunk again. Honestly, a fine of $1000 is not enough to teach a person not to drive under the influence again. Most people that I have learned about getting a DUI arrest, typically, have subsequent DUI arrests. Many of the celebrities, such as Lindsay Lohan, Paris Hilton, Nicole Richie have all had two DUI arrests. To them, a thousand dollars is pocket change. For many people, I also believe that community service is also just seen as a joke. The fact of the matter is that obviously the punishment of paying a fine and community service is not teaching people to not do it again. With this said, I think the punishment needs to be much greater so people are too scared to even think about driving under the influence. I think that 6 months in jail should be mandatory rather than optional. I believe that if we set higher penalties and punishment for illegal action, we will see a decline in the number of DUI arrests, especially subsequent DUI arrests. Law Blog on June 17, 2007 at 12:15 a.m. wrote: For those under the age of 21, the license suspension is for one year. The court and/or the DMV may order the suspension. You must win the DMV hearing, and have the DUI charge dismissed in court to preclude a suspension. Law Blog on June 13, 2007 at 5:36 p.m. wrote: It is very important to be fully aware of DUI consequences, after the arrest. Jail, probation, large fines, community service, and a substantial license suspension are all very real consequences following a DUI arrest.

About the Author

Dmitry Gorin

Dmitry Gorin is a licensed attorney, who has been involved in criminal trial work and pretrial litigation since 1994. Before becoming partner in Eisner Gorin LLP, Mr. Gorin was a Senior Deputy District Attorney in Los Angeles Courts for more than ten years. As a criminal tri...


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