Legal Question in DUI Law in California
If I was at a bar for 5 hours and waited until I felt sober enough to drive, got pulled over, and blew a .09, is it possible for me to keep my license when my job and kids depend on it?
5 Answers from Attorneys
The court and the DMV don't care if your job or kids depend on your having a license, or whether you "thought you were sober enough to drive." All of the above is in the category of Whining. Stop whining and call a lawyer in your locality. Do this immediately, because the 10-day clock to request a DMV hearing started running the moment you were arrested.
While the excuses you mentioned are irrelevant and will be ineffectual, this is not to say that all is lost. There may well be valid fact-based defenses that will persuade the court and DMV to let you retain your license, if the defenses are properly presented by an experienced attorney.
After you make the appointment to see a lawyer, the next thing you should do is to start going to AA meetings, starting today, and get proof that you attended each time.
You have to fight to keep your license twice - once with the DMV in their hearing that you MUST set up within 10 days of your arrest and the second time in fighting the DUI charge. The DMV will not bend their rules based on hardship claims.
Your first step, if you're coming up on that 10 day mark, is to contact the DMV and at least request a hearing. From there, start looking for attorneys to represent you in both proceedings. If this is a very recent arrest and you've got some time before the 10 days, contact an attorney first so they can schedule the DMV hearing to match up with their calendar.
Both above answers miss an important point; the initial contact with the DMV can be the difference between winning and losing.
Let an experienced DUI specialist attorney take the case ASAP and let him contact the DMV and represent you in court. Free consult, CALL 1-800-468-2-502.
I believe you should contact the DMV yourself tomorrow AM (driver safety) if within 10 days of arrest. Then call an attorney in or near your area. The DMV issues are : 1) were you stopped legally 2) were you arrested legally and 3) did you have an 08 BAC at the time of the driving. The DMV must establish all 3 issues to take your driving priveledge and your attorney only win 1 of the issues. Don't let anyone fool you.....DMV hearings are not easy to win and the odds are against you. If you lose the hearing, you will lose your driving privedge for 4 weeks, and then you can get a restricted license for 5 months. I wish you well......... David Wallin.
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