THE TWO SIDES OF A DUI – THE CRIMINAL COURT AND THE DEPARTMENT OF MOTOR VEHICLES

How Andrian & Gallenson can help you navigate both legal processes of an arrest for DUI.

Criminal Case

It is a common misconception that a DUI is an indefensible case. It is not uncommon for a defendant to plead guilty to a DUI at their first court appearance figuring that the breathalyzer came in above the legal limit there is nothing more to do. Often times defendants do not realize that a DUI, like other criminal cases, may have defensible issues due to factors such as an unlawful traffic stop or arrest; or a poorly maintained breathalyzer, or blood sample.  At Andrian & Gallenson we look at each case individually and work for you to achieve the best possible resolution.

DMV Action

It is not unusual for clients to come to us after a DUI arrest confused by the dual impact of the criminal case and DMV administrative action. The DMV requires that you notice them of your wish to have a hearing within 10 days of your arrest regardless of what occurs in the criminal case. Failure to do so results in an automatic suspension of your driver’s license without the opportunity to be heard. At Andrian & Gallenson we appreciate that a DUI is not just about the court case, and often times there may be a defense to the DMV administrative action as well. Our office will appear on your behalf at the DMV Admin Per Se hearing to ensure you the best possible out-come in your case both criminally and administratively.

Many clients also have concerns over the mandatory suspension upon a DUI finding and/or conviction.  However, in most cases, on a first DUI, a restricted license is available after 30 days. A restricted license allows you to travel to and from work or school during your suspension period. Our office can help guide you through the process in order to have as little affect of your day-to day life as possible

A little too much Merlot? Out-of-state resident?  What are the implications of a DUI in your home state?

California is part of a system known as the Interstate Driver’s License Compact.  This means that if you pick up a DUI conviction in California, it will very likely have an effect on your driver’s license in your home state.  Only five states are currently not members of the IDLC: Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.  This means that extra glass of Zin while wine tasting will very likely have implications at home. 

Should you be convicted, your home state will likely be notified and your license will be affected under the rules of your home state for a DUI conviction. Your license will not be restored until you have completed the California requirements. Furthermore, your ability to drive in California in the future will be suspended indefinitely unless you follow the proper processes.  Meaning that the DMV in California must be notified of your completion of any Drinking Driving Programs and probation in order to restore your driving privilege in California.

For more on this, visit the FAQs on DUI from the CA DMV:

https://www.dmv.ca.gov/portal/dmv/detail/dl/driversafety/dsalcohol/

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