California DUI – Frequently Asked Questions

Being charged with a DUI in the state of California can be a tiresome process where you must fight for your right to drive.
In California, all DUI cases have a set of processes split into two segments. Those segments go through the DMV and court systems.
During the court process you have until your court date to start the various necessary proceedings to figure out how you will structure your case and whether or not you should seek legal council.

What happens now that I've been charged with a DUI in California?

For the DMV system you have 10 days to schedule a DMV hearing to prevent the suspension of your drivers license. This will place a stay on your suspension until your hearing proceeding is completed.
Following this, a hearing officer will make a decision based on the findings of your case.

Am I going to jail?

After the initial processing following the charge of DUI there is no jail time until the case has been fully adjudicated. The various factors in each individual case will determine the severity of your sentencing.
With the proper representation, you may end up not having to serve any jail time.

How much will my fine be?

The initial fine is $390, with the penalty assessment going up to $1,600.

How will this affect my driving record and ability to drive?

Following a DUI, you may receive a notice of suspension for a period up to 4 months mandatory suspension, followed by 3 months of restricted driving.

To be granted the ability to be a restricted driver, you must process an appeal with the DMV showing the following:
1. Proof of enrollment in alcohol rehabilitation classes.
2. SR22 form (Financial Responsibility/Insurance). These can be acquired by contacting an insurance agent.
3. $125 DMV fee for a restricted license
4. Have an IID (Ignition Interlock Device) installed in your car. You may also be required to keep the IID installed in your car for a period of time that exceeds the original period of being a restricted driver.

How important is it to have representation for DUI's?

DUI cases are advisable to have an attorney by your side because the arresting officer may not follow protocol of arrest. In these situations the attorney can help you navigate the legal procedures to result in less severe penalty.

How long is the court process?

The duration of these cases in court may take up to one year due to the specific issues involved surrounding the arrest. The normal procedure for DUI is around 4 months.