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DUI, DWI and the DMV
Help! I just got arrested for DUI. What do I do now?
Whenever you are arrested in California for Driving Under the Influence or “DUI” (sometimes referred to as “Driving While Intoxicated” or “DWI”), you will have to deal with both a criminal court case, as well as a hearing with the Department of Motor Vehicles (“DMV”).
THE DMV HEARING
The most important and immediate deadline is that you must call the DMV within 10 days of your arrest to request an Administrative Per Se (“APS”) Hearing. This is the hearing at which the DMV will attempt to suspend your driving privileges. Please note that the hearing itself will not occur within 10 days, but you must make the request to the DMV during these 10 days. If you fail to call the DMV within 10 days, the Temporary Driver’s License you were given after your arrest (the pink sheet of paper), will expire 30 days from your arrest! However, by calling to request your APS Hearing, your Temporary Driver’s License will last until the DMV makes a determination regarding your APS Hearing.
The best thing you can do is to immediately call an experienced attorney at the Law Offices of Christopher J. McCann to protect your rights. Mr. McCann will handle the contact with the DMV in order to schedule your hearing and obtain all the documents from the DMV to which you are entitled that are necessary to win your DMV hearing.
THE COURT CASE
If you have been arrested on misdemeanor DUI charges, a bail bond will usually not be required to in order to secure your release from custody. You will likely be released on your “own recognizance” (“OR release”) after spending several hours in jail. If you have been charged with felony DUI (typically when someone is injured); however, you may be required to post bail. The failure to do so may result in you spending two days in jail before being brought to court in handcuffs and a blue jumpsuit.
If you call the Law Offices of Christopher J. McCann immediately; however, Mr. McCann can contact a bail bondsman on your behalf as well as County Bail Deviation personnel, likely saving you thousands of dollars and getting you or your loved ones out of jail quickly! Once you are released, you will likely be given a citation requiring you to appear in court on DUI charges several weeks or even months away.
A misdemeanor case generally involves being charged with two misdemeanor counts: Vehicle Code § 23152(a) and 23152(b). A charge under V.C. § 23152(a) means that one is accused of Driving Under the Influence of Alcohol or Drugs or Both. A charge under V.C. 23152(b) means that one is accused of Operating a Motor Vehicle With a Blood Alcohol Level of .08% or Higher by Weight.
Because each of these misdemeanor charges carries up to 6 months in jail and thousands of dollars in fines, as well as a loss of license for months or even years, you should contact the Law Offices of Christopher J. McCann to schedule a free consultation to discuss your case with Mr. McCann and how he can use the unique issues in your case to achieve the best results.
Contact us now! E-mail me at: chris@cjmdefense.com, or call us at: (949) 596-0060