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What To Do Next
General Information
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Law Office of Paul Tyler 300 Esplanade Drive Suite 900 Oxnard, Ca 93036 Tel (805) 981-3916 Toll Free (800) 662-6690 Mobile 805-889-9000 Fax 805-981-3926 |
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Tel. 800.662.6690 Fax. 805.981.3926
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Protecting yourself is the most obvious reason you should hire an attorney if you are arrested for DUI. Even on a first offense DUI, the District attorney will ask the court to impose a minimum of 48 hours in jail, and as much as 6 months in extreme cases.
However, having an attorney represent you offers many advantages, the most obvious of which is the ability to avoid jail and potentially get your case dismissed or license suspension set aside.
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Saving Your License |
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Getting a DUI is by no means a good thing. But before you walk into court and plead guilty it is important that you consider whether or not you have a defense that would allow an attorney to get your case dismissed. DUI law in California is complicated. But remember, just because your blood alcohol level was in excess of the legal limit does not mean that are guilty. |
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A DUI arrest in California triggers two separate processes. The first is in court, where the District Attorney will file criminal charges against you. No matter what happens in court, however, the DMV will have an independent administrative hearing to determine if facts exists that will allow the DMV to suspend your license.
These DMV hearings are based heavily on procedure. Often, even if you plead guilty to the DUI in court it is possible to win the DMV hearing, thereby avoiding the mandatory license suspension.
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The worst case scenario is to be convicted of DUI, or to plead guilty to the charges. If this occurs numerous penalties will be imposed on you. Jail time may be anywhere up to one year for misdemeanor charges, and a prison commitment for felony cases.
However, in most circumstances, using sentencing alternatives that are available, is possible to avoid spending any time in jail, even on a second or third DUI
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