In California It is illegal to drive while under the influence of alcohol and or drugs or drive when your blood alcohol is .08 or greater.
To avoid serving time in jail and to shorten or eliminate the suspension of your driver’s license call the Law Offices of Robert J Hickey now. We are available 24/7 for a free, no obligation consultations with Mr. Hickey himself. (714) 525-4457
The DMV will attempt to suspend your driver’s license after a DUI arrest. The police officer most likely took your driver’s license and gave you a pink paper which is a temporary license.
That temporary license will expire 30 days from the date of your arrest and your license will be suspended for a period of a minimum of 4 months and up to 3 years.
The only way to avoid the suspension is to request a hearing within 10 days of the date of your arrest. Failure to call within 10 days will result in the loss of your right to fight the suspension of your license.
The most urgent matter after getting arrested for a DUI is to request a hearing to contest the suspension within 10 days of the date of your arrest.
If you contact the Law Offices of Robert J Hickey prior to the 10 days elapsing, we will request the hearing for you at no charge and no obligation. (714) 525-4457
On a first offense, if convicted, you can be sentenced to up to 6 months in jail, placed on three years probation, ordered to complete an alcohol class up to 9 months and pay fines.
These are the maximum punishments, but some courts do require jail on a first dui, and require a minimum of a 3 month alcohol program and fines. The DMV will also suspend your driver’s license for usually four months.
It is very important to contact The Law Offices of Robert J Hickey immediately so that a DMV hearing can be requested on your behalf. The request for a hearing must be made within 10 days from the date of your arrest or your license will be suspended starting 31 days after your arrest.
If you have one prior conviction of a DUI or “wet reckless” within 10 years of your recent arrest, the prosecutor will charge you with a second Driving Under the Influence (DUI). If convicted, there is mandatory jail time and in most cases the judge and or prosecutor will demand a jail term ranging from 30 to 120 days. You will also be placed on probation for 5 years, required to complete an 18 month alcohol program which is also required as a condition of getting your driver’s license back by the DMV. Your license most likely will be suspended for 1-2 years.
There are numerous alternatives for serving time in jail that will enable you to continue going to work and in nearly all cases while still living at home. Usually we are able to shorten the suspension from 2 years to as little as 90 days on a second DUI.
If you have two prior convictions of a DUI or “wet reckless” within 10 years of your recent arrest the prosecutor will charge you with a third Driving Under the Influence (DUI). If convicted, there is a mandatory minimum jail term of 120 days but in most cases the prosecutor will demand a jail sentence of 240 days to 1 year. The law requires five years probation and an 18 month alcohol program.
Further, your driver’s license will most likely be revoked for a minimum of 3 years. The law also requires that you complete an 18 month alcohol program and pay fines.
Again, Mr Hickey can find numerous alternatives to serving time in jail that will enable you to continue going to work and in nearly all cases while still living at home.
There are also many rehabilitation programs that can provide clients with help while maintaining your job and can be a substitute for time in jail.
In most instances Mr. Hickey can shorten the revocation of your license from 3 years to a suspension of only 90 days.
If you have three prior convictions of DUI or “wet reckless” within 10 years of your recent arrest the prosecutor will charge you with a fourth Driving Under the Influence (DUI). There is a mandatory minimum of 180 days if filed as a misdemeanor or 16 months in prison if filed as a felony. Nearly every prosecuting agency will file a fourth offense as a felony and will demand a 16 month prison sentence.
It is very difficult to avoid a prison sentence with a fourth or more DUI. The best approach is to meet with an attorney immediately to develop a plan for rehabilitation. In nearly all of Mr. Hickey’s clients that have faced felony charges we have managed to convince the court that rehabilitation is more effective than time in prison.
If your are charged with a DUI causing injury, it can be charged as a felony or misdemeanor. Whether it is filed as a felony is dependent on the extent of the injuries. Whether charged as a misdemeanor or felony, there is mandatory jail time, ranging from 5 days to 3 years.
It is highly recommended you contact our office immediately to formulate a plan in advance prior to appearing in court. The court and prosecutor are more willing to negotiate if the victim is compensated for their injuries.