Legal Question in DUI Law in California

I made a mistake and got a DUI last week in California. I had one about 13yrs ago when I turned 21, will this be treated as a first offense or a second offense? I'm ok with paying the fines and being punished by the courts, my only concern is keeping my license to keep my job. My job does give me a 30-35 days of unpaid time to take care of my problem. Will I be able to go to DMV and apply for a restricted license after the hard suspension of 30 days? I have 3 more days to request administrative hearing, should I even bother scheduling one if i'm just going to plead guilty? Any advice would be appreciated, thank you.


Asked on 9/13/10, 10:08 pm

3 Answers from Attorneys

Scott Ball Law Office of Scott R. Ball

The time limit for prior DUI convictions is ten years, so it will be treated as a first offense. You should be able to apply for a restricted license following your 30 day hard suspension if you have enrolled in the required AB541 first offender alcohol class, have received the SR-22 proof of financial responsibility, and paid the re-issuance fee to the DMV. If you would like to try to keep your license and potentially avoid the suspension altogether, you should always consult an attorney and request an administrative hearing.

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Answered on 9/20/10, 10:49 am
Terry A. Nelson Nelson & Lawless

It is not a first offense, obviously, but it won't be 'enhanced' because your prior is more than 10 years old. You face 'normal' DUI charges.

Why should you plead guilty? Defend the charges, just like every other defendant has to do. Go to court, enter your not guilty plea if appropriate, arrange bail or OR, set up and attend your court hearing[s] and trial date, file your motions as applicable, go to trial if you can't resolve it with a plea bargain. You can raise all your defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for plea bargaining or at trial. If you don't know how to do these things, then hire an attorney that does. If serious about doing so, feel free to contact me.

Upon release from jail or booking, you were given documents that include a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license. Contact DMV and do so, timely. Unless you win, you will have to apply for a restricted license after compliance with all the requirements for one. You can hire an attorney for that hearing if you want.

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Answered on 9/20/10, 12:17 pm


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