California DUI Attorneys
May 28, 2011 | 
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California DUI Attorneys
By: Lance Peters
Posted: Dec 10, 2010
Driving under the influence of alcohol or illegal drugs is such a grave offence that if you have been apprehended in California under these charges, it is vital that you get the right legal help. The penalties are very high, and if there are any extenuating circumstances, you need an experienced California DUI defence attorney to put these forward in court in a helpful way. It is seldom that in California DUI charges are decreased, but the right attorney may possibly prevent the charges from being increased. You need to get an attorney without delay.
The Department of Motor Vehicles, or DMV, proceeds independently of any criminal court case that could follow your arrest for DUI. This procedure is called ‘Administrative Per Se’.
If you are arrested for DUI this is the DMV procedure you can expect:
The officer will forward a copy of the completed Notice of Suspension or Revocation and your driver license to the Department of Motor Vehicles. Together with this he’ll send your blood alcohol test results. These will be reviewed and may be upheld. You may request a hearing to contest these findings, within ten days of receiving notification of this. If you are over 21 you license will be returned to you upon payment of $125 at the end of the suspension period. If you are under 21 and were suspended under the zero tolerance law [which allows a blood alcohol level of 0 for drivers under 21] then you will have to pay $100.
If you were issued with a temporary license, you will be allowed to drive for 30 days from the date of the suspension. You may apply for a restricted license at your nearest DMV office, that just allows you to get to work or school and back each day.
The length of time of the suspension depends on the blood alcohol level in your blood, your age, and how many offences you have had previously:
A first offence of 0.08% or higher gives you a four month suspension if you are over 21.
A second offence within 10 years gives you a one year suspension if you are over 21.
If you are under 21 and you have any alcohol in your blood stream at all you will be suspended for one year.
Whether you are under or over 21 and you refused to submit to a BAC [blood alcohol level] test, you will get a one year suspension unless you can prove that you have a medical condition that precludes you from being tested.
For a second offence within ten years your license will be revoked for two years, and for a third infraction, three years.
When you go to court, your attorney would have prepared a defence for you and you might be spared of heavy penalties and receive the minimum sentences of either a fine, a jail term or public service, depending on the type of offence.
Lance Peters – About the Author:
For legal assistance from experienced attorneys in
California DUI Defense
Visit
http://www.californiaattorneysdui.com
Source: http://www.articlesbase.com/personal-injury-articles/california-dui-attorneys-3821507.html
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Article Tags:
california dui attorneys, california attorneys dui, california dui charges, california dui defense
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