Legal Question in DUI Law in California

Dui
My aunt was arrested in SB county CA last night for a DUI she refused to take the breath test so they took her to San Jacinto Polic Station then transported her to Temecula Jail. What is the procedure for this? What happens if she completely refused to take even the blood test? How long does her car stay impounded. Can she get a license to drive to and from work as she is a registered dietitian and has contracts all over LA county. Is her license immediately taken from her?

Asked on 2/27/07, 1:19 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Re: Dui

The procedure is exactly what you stated. Tell her not to foolishly pay all her money for high bail just to get out early, wait to go to court and have her attorney seek an OR.

The car is impounded for 30 days. Her license is automatically suspended for one year because of the refusal. She also has only 10 days to appeal to DMV on the other one year automatic suspension for getting the DUI, that will begin to run after the first, making a total of two year's suspension. She faces mandatory minimum penalties in court.

She needs an attorney to keep those penalties to the minimum, not the max. She needs an attorney to try to get her a restricted license after the first year suspension is completed. Have her contact me if interested.

Answered on 3/15/07, 7:38 pm

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