Only criminal proceedings can result in jail time.
If you have been arrested for a DUI in California, one of the first consequences that you will experience is the police taking your driver’s license. This may seem like it cannot be legal — but it is. That is because driving is a privilege, not a right — and the California Department of Motor Vehicles (DMV) can suspend or revoke your driver’s license for things such as being charged with driving under the influence of alcohol or drugs.
A DUI case has two separate components: administrative and criminal. The administrative side involves your right to drive. The criminal side involves your guilty or innocence of a criminal charge — and the potential for harsh criminal penalties.
The administrative phase of a DUI case is handled by the DMV. The DMV cannot issue criminal penalties, or find you guilty of the charge of driving under the influence. Instead, it is focused solely on one aspect of the case: whether or not your license should be suspended. After the police take away your license, they will give you a piece of paper that informs you of your right to a hearing. This paper serves as your temporary license for a period of 30 days. To get a hearing, you must schedule one directly with the DMV within 10 days. If you do not request a hearing, then your license will automatically be suspended after the 30 days are up. The length of the suspension will depend on whether it is your first offense or a repeat DUI offense. If you do request a hearing, then your DUI lawyer in Pomona, CA can represent you. He or she will have the ability to present evidence, cross examine witnesses and give opening and closing statements. A hearing officer (often a person who does not have any legal training) will make a determination about whether or not the police have sufficient evidence that you were driving under the influence. If so, then your license will be administratively suspended by the DMV. If not, then your license will not be suspended pending outcome of the criminal case. If you are convicted or plead guilty to a DUI, the court will then impose a license suspension as part of the penalty.
Whether or not you request a hearing with the DMV, you will have to handle the criminal portion of a DUI lawyer. In Pomona, CA, the Chambers Law Firm can represent you in both the criminal and administrative portions of the process. In the criminal case, we will attempt to negotiate a reduction of the charges or a dismissal using any possible factual or legal defenses. If a plea agreement is not possible, then we will vigorously defend you at trial to protect your rights and your freedom. A conviction or a guilty plea for a DUI will likely result in many consequences, including a license suspension, community service, fines and fees, mandatory DUI school, probation, and possible jail time.
If you have been charged with a DUI in Pomona or the surrounding areas, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. We offer free initial consultations, and will vigorously defend you before the DMV and in criminal court. Contact our office today to learn more!
