The state of California has one of the more serious treatments of DUI offenses in the country, specifically when it comes to the penalties imposed. For this reason alone, it is highly recommended that if you have been arrested for a drunk-driving violation in the state, you should solicit the legal assistance of an experienced DUI defense attorney at the earliest possible time. Otherwise, there are certain remedies that will be lost and barred by prescription.
When you are charged with a DUI offense in California, you basically face two types of cases. One is a criminal case filed before the regular courts which deal with the DUI violation per se. In other words, it deals with the criminal aspect of the case and the imposition of the proper penalties for the same. The other is in the nature of an administrative charge filed with the Department of Motor Vehicles (DMV). This now focuses on the sanctions against one’s driving privileges. Keep in mind that the moment the arresting officer cites you for a drunk-driving violation, he will immediately confiscate your license. A temporary license will be issued in lieu of your original one. However, this will be good only for a duration of 30 days which is generally non-extendible.
This is the part where every holder of a California driver’s license should be sufficiently aware of. From the moment the arresting officer charges you and confiscates your license, you have a period of 10 days to schedule an administrative hearing with the DMV. If you do not take swift action, the chances of the DMV in still granting you another hearing date are quite nil. Worse, it will base its decision solely on the report of the arresting officer and most probably uphold the same. Hence, your driving privileges will be greatly endangered and there’s an even greater chance for a mere suspension to become a total revocation of your license. On the other hand, if you schedule the administrative hearing appropriately, you have all the chances to disprove the report of the arresting officer and contest even the breath, blood, or urine test conducted.
This is where you can see how vital it is that you should secure the services of a highly competent DUI defense attorney the moment you are arrested. Your attorney will take charge in requesting for the administrative hearing and overthrowing the evidence of the arresting officer. Thus, you are able to keep your driving privileges until the court decision for your criminal case is concluded.
