I have just been arrested in Los Angeles for DUI
What will happen to me?

The arresting officer is required by California law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into his or her possession, with a sworn report to the Department of Motor Vehicles (DMV).

The Los Angeles DMV office will automatically conduct an administrative review that includes an examination of the polcie officer's report, the suspension or revocation order, and any road-side or brethalyzer test results. If the Los Angeles DUI suspension or revocation is upheld during this administrative review, you may request a hearing with the Los Angeles DMV to contest the suspension or revocation.

You have the legal right in California to request a hearing from a Department of Motor Vehicles within 10 days after you receive the suspension or revocation order. If the DMV review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified in writing only if the DUI suspension or revocation is set aside following the administrative review.

Your California driver license will be returned to you at the end of the suspension, provided you pay a $125 re-issue fee to the DMV and you file proof of having financial responsibility. The re-issue fee is $100 if you were under 21 and were suspended under California's Zero Tolerance Law. If it is later determined that there were no basis for the Los Angeles DWI suspension or revocation, your CA driver license will be issued or returned to you.

The police officer issued an Order of Suspension and a Temporary License to me.
What should I do?

You may drive your car in California for 30 days from the date of the order of suspension or revocation, provided you have been issued a CA driver license and your license has not expired, or your driving privilege is not suspended or revoked for some other reason. The Notice of Suspension that the Los Angeles police officer gave you at the time of my arrest states you have ten days to request an administrative hearing. An administrative hearing is your opportunity to show that the suspension or revocation of your license is not justified.

How long will my driving privilege be suspended for
if I took the BAC test?

If you are over 21 years of age, and you took a blood or breath test, or a urine test, and the results showed over 0.08% BAC:

   * A first offense will result in a 4-month drivers licence suspension.

   * A second or subsequent offense within 10 years will result in a one-year license suspension.

If you are less than 21 years, took a preliminary alcohol screening (PAS) test or other chemical test and the results showed 0.01% BAC or more - your California driving privilege will be suspended for 1 year.

Can I get a hearing to get a restricted license to go back and forth from work?

No. A request for a restricted CA drivers license cannot be considered at a DMV hearing. You may apply for a restricted drivers license to drive to and from your work at any Department of Motor Vehicles field office.

The arresting police officer said I refused to take a chemical test.
What does it mean?

You are required by California law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not agree to submit or complete a blood/breath test after being asked to do so by a Los Angeles police officer.

If you were over 21 years at the time of your arrest for DWI in Los Angeles, and you refused or failed to complete a blood or breath test:

   * A first offense will result in a one year suspension of your CA drivers license.

   * A second offense within 10 years of the first offence will give you a 2 year revocation.

   * A 3rd or subsequent offense within 10 years will result in a 3 year revocation.

If you were under 21 years at the time of being arrested and you refused to complete a PAS test/other chemical test:

   * A first offense will result in a 1-year suspension of your drivers license.

   * A second offense within 10 years of the first offence will result in a 2 year revocation.

   * A third or subsequent offense within ten years will result in a 3 year revocation.

One of the most important aspects of choosing a DWI lawyer in the state of California is understanding the important of a DUI lawyer and what they can do for you. If you are pulled over, arrested, and convicted of a DUI, you could be facing some very stiff penalties. If you are convicted of a DUI in California and it is your first offense, your license is suspended for up to 9 months, you have to pay roughly $1500 in fees and penalties, and you are required to take an alcohol education class for 3 months. If this is a multiple DWI offense, or if you are being convicted of a felony DWI, then your penalties can be much steeper, including jail time. Because the penalties for a DWI conviction can be so severe, it is imperative that you hire the right DUI lawyer to be by your side through the entire process.

When you sit down to decide what type of lawyer you want to hire, you should make sure that you find a lawyer who is established and experienced in the state of California. Many people make the mistake of calling a random number they find in the phonebook for their DUI lawyer, and they wind up with someone who has not practice in California for very long and does not understand all of the unique California DUI rules. You should find a DUI lawyer who has practiced DUI law for at least 5 years in the state of California.

You will also want to find a lawyer who can communicate well. One of the most frustrating parts of the entire legal proceedings is that you will be sitting in the court room not understanding what is going on. If you have a capable DUI lawyer, he will be able to walk you through the legal process and show you what is happening and why. This will also help you to communicate with your lawyer about what your expectations are for the outcome of your case. You should also find a lawyer who is willing to do a free initial consultation with you. Your DUI lawyer will sit down with you and go over your individual case to make sure that they think they can help you. This will help you to get the best possible outcome from your DUI conviction and it will give you the best chance to get back on your feet.

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