TWO RINGS TO JUMP THROUGH (AND IT’S NO CIRCUS)

Posted on: April 15, 2015 by in DUI
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California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI lawyerIf you are arrested on suspicion of DUI under California Vehicle Codes 23152(a) and 23152(b), your driving privilege will be at risk. Some California drivers don’t realize that when you are arrested for DUI in our state, you face two separate proceedings regarding your driver’s license: a criminal DUI proceeding, and an action by the California Department of Motor Vehicles (DMV). You’ll need legal help to deal with both hurdles, so you’ll need to contact an experienced Orange County DUI lawyer immediately.

You have ten days following a DUI arrest to ask for a hearing with the DMV or your license will be automatically suspended. Completely apart from your criminal DUI case, the DMV tries to determine if you were driving with a blood alcohol content (BAC) level at or above 0.08 percent or if you refused to take to a chemical DUI test subsequent to being arrested. Should the DMV decide that you were over the legal BAC limit or that you refused a DUI test, your driver’s license will be suspended for four months. If your DUI lawyer is successful on your behalf at your DMV hearing, you’ll keep your license, at least until your DUI court case.

Two issues are considered in your criminal DUI case. The first is, were you driving with a BAC level of 0.08 percent or higher? The second is, were you driving “under the influence” of alcohol or drugs or a combination of both? Your license will be suspended for at least six months if you are convicted of DUI in criminal court. In other words, you and your attorney must prevail at both the DMV hearing and the criminal DUI proceeding or your license will be suspended.

If you do not prevail and your license is indeed suspended – let’s say the evidence against you is overwhelming – your may still be able with your attorney’s help to obtain a restricted license for work, school, legal obligations, and medical appointments. Losing your license is not the only – or worst – penalty you can face for DUI, but it’s the only one you face twice for one offense. If you’re accused of DUI in Orange County now or in the future, immediately contact an experienced Orange County DUI lawyer at once.

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