What Happens During A DUI Arrest

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What Happens During A DUI Arrest

What Happens During A DUI Arrest

what-happens-during-a-dui-arrest-infographic

A DUI Conviction in These 3 States Can Ruin Your Life and Drain Your Checking Account

DUI laws are getting harsh all over the country, but in a few of the toughest states, getting convicted of driving under the influence could turn your life upside down. Driving drunk is never a good idea, but if you drink in drive in one of these states, you’ll pay big time for your bad decisions.

Arizona

In the Grand Canyon State, it’s illegal to drive with a blood-alcohol level above .08%. If you do, you’ll regret it, even if it’s your first DUI offense. A conviction includes mandatory jail time, from 24 hours up to 10 days and you’ll have to get an ignition interlock device installed on your car. You’ll be paying for that device right alongside the hefty fines and court fees.

Florida

They don’t take kindly to drunk drivers in the Sunshine State. In fact, even a first-time offense could have you facing felony charges. That means a conviction will follow you around on your permanent record. No one wants to check the felony conviction box on a job application. Uber it up if you plan on having a few drinks in Florida.

Oregon

While you may not face any mandatory jail time in Oregon, a drunk driving conviction in that state is sure to put the smack down on your checking account. First, there’s the minimum fine of one-thousand-smackers. Then, the great state of Oregon will tack on a laundry list of other fees. Unless you can live on Ramen noodles for a good stretch, it’s better to stay away from the driver seat if you’ve had a few drinks.

What Happens When You Are Arrested for DUI?

What Happens During A DUI Arrest – While the penalties may vary from state to state, the process most police departments use to pull over and test drivers for DUI is pretty routine. Check out the infographic to learn more about what you can expect, and never hesitate to obtain representation from an Orange County DUI lawyer if you are charged.

Contact us today with any questions about a DUI charge in Orange County.  We can help.

 

Restricted License in California – What are the rules?

Restricted License in California – What are the rules?

DUI California DMV
When you are arrested for a DUI, the police officer gives you a temporary license, after taking away your physical driver’s license. You would not need a restricted license after arrest, as you the temporary license is a full license, with all driving privileges, for 30 days.
Note that you must contact the DMV within 10 days and request a hearing to continue to drive beyond the 30 days without the automatic suspension after 30 days.  If you hire an experienced DUI lawyer, that attorney will handle that for you.  The DMV will then issue a new temporary license, extending your right to drive, and schedule a hearing to see if they can prove the three issues at a DMV hearing.

You can only get a restricted license once your license is actually suspended.

For DUI cases, where a restricted license is available (rather than CA driver’s license suspensions for other issues, like unpaid child support, a warrant for a missed court date, or for medical reasons), your license can only be suspended in two ways.  Those two ways are by the DMV, or as a result of a court conviction for DUI.

DMV Driver’s License Suspensions

If your license was suspended by the DMV, that means that one of these situations happened:
  1. You never asked for a DMV hearing in the first place; or
  2. You lost a DMV hearing.
If you win a DMV hearing, you can immediately apply for a no fee driver’s license at any DMV office.
Upon losing a hearing, or not requesting a hearing, the DMV will suspend your license for 4 months.  Before you can reapply for your California driving privileges, you have to wait the suspension period of one month (30 days) and then do the following three things:
  1. Enroll in an approved alcohol school;
  2. File an SR-22 proof of insurance; and
  3. Pay a fee of $125.

Once you do that, you will be able to drive under the restriction.

Court Triggered Driver’s License Suspensions

Once the DMV is notified by the court that you pled guilty or no contest to a DUI, the DMV will send you a letter, allowing you to have a restricted license for another 6 months.  If you don’t already have a restricted license by following the steps above, then you will need to follow the three steps above to get a  license reinstated.  The court will never mention this to you — the DMV automatically adds additional punishments upon being notified of the conviction.

The law authorizing a restricted license in California

The law authorizing a restricted license is contained in CALIFORNIA VEHICLE CODE § 13352.4.  That section of the Vehicle Code  in california states as follows:

Section 13352.4:

(a) Except as provided in subdivision (h), the department shall issue a restricted driver’s license to a person whose driver’s license was suspended under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, if the person meets all of the following requirements:

(1)Submits proof satisfactory to the department of enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538.

(2)Submits proof of financial responsibility, as defined in Section 16430.

(3)Pays all applicable reinstatement or reissue fees and any restriction fee required by the department.

(b) The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or Section 13352.1 have been met, whichever date is later, and may include credit for any suspension period served under subdivision © of Section 13353.3.

( c ) The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the person’s place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.

(d) Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.

(e) For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.

(f) The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or Section 13352.1 have been met, whichever date is later.

(g) The holder of a commercial driver’s license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the person’s noncommercial driving privilege under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 is not eligible for the restricted driver’s license authorized under this section.

(h) If, upon conviction, the court has made the determination, as authorized under subdivision (d) of Section 23536 or paragraph (3) of subdivision (a) of Section 23538, to disallow the issuance of a restricted driver’s license, the department may not issue a restricted driver’s license under this section.

What are the limits of a license restriction?

A restricted license allows you to drive only for the following:
  1. driving to and from work,
  2. for work related purposes during the work day;
  3. and to and from the alcohol school you are ordered to attend.

That’s it.  If you are stopped and asked, you must fit one of the categories above, or you are considered to be driving on a suspended license.

What are the best strategies for someone with a restricted license?

Since you are limited to driving to and from work, and to and from the alcohol school, that limits your options, but also creates  opportunities to drive and still meet your restriction.
Remember that you will have a full (unrestricted) license back upon completion of the alcohol school.  But as long as you are driving under the restriction, you must match your driving to what is allowed, even if statistics show that most people drive anyway for reasons not allowed to
If you use public transportation, rides from friends or family, a bicycle, or Uber or Lyft, you will always be safe.  But keep in mind the following strategies for driving to and from work, and to and from the alcohol program:

Restricted License To and From Work:

I have learned that certain DUI lawyers recommend you get cheap cards that say you’re a realtor, and then claim you were driving looking at neighborhoods, which means you are driving “for work” even if out late at night.  I don’t recommend that, as that seems potentially problematic to me.
The restriction also allows “driving during the work day, for work purposes”.  So if the office has you get lunch, or run a work related errand, or make a delivery, and something else you need is next door to that, you are not in violation.
If you drive your child to school and then go to work, you are still going “to work”.  Likewise, if you are driving home from work and stop on the way, for any reason, you are driving “from work” or “to home” at the two legs of that trip.

Restricted License To and From Your Alcohol School:

The restriction also allows a restricted license to drive to and from the alcohol school you must attend (this is not in the code but is created by caselaw).
Under the structure of alcohol schools in California, Alcoholics Anonymous (AA) classes are a component of each alcohol school’s program.  If you drive to your family’s home, and then to an AA class, or from work to your class, and then to the grocery store and then home, that is still “to or from educational classes” or “to and from work” at each leg of the journey.
There are AA classes 7 days a week and almost 24 hours a day in Southern California, so you may want to print out a list and keep it in your car.  You can find AA classes at aa.org.
Be careful what you state your driving purpose is when stopped by police.  Of course, this all depends on proof.  The primary proof that would be used against you, is your statements.  So if asked when stopped by a police officer, “where are you heading to?”, or “where are you coming from?”, you must state that you are coming from work, home, or an alcohol school or AA class.  Even better if you can prove that, and if escalated to a court hearing, you may have to.

Contact Us for Questions

If you have questions about restricted license rules in California, please contact us.  We are happy to help and advise you regarding the entire process.

DUIs During the Holidays

DUIs During the HolidaysDUIs During the Holidays

(Click on the image above to see a larger image and the details about DUI arrests).

The holidays are a time for gratitude in what we have, and to spend time with family, friends, and loved ones.  That often means, for better or worse, drinking goes up.  And where there is not good public transportation, like here in Orange County, DUI arrests also go up.

Thanksgiving Eve is a bigger drinking day than many other holidays.

The Saturday before Christmas is the biggest drinking day of the year in California, statistics show — bigger than New Year’s Eve, St. Patrick’s Day, or Cinco de Mayo.  More importantly, because it’s mainly house parties and hosted company events, most people don’t plan for hotel rooms or transportation like they do during other dates.

Thanksgiving Eve is the start of the Holiday drinking period, and is called “Blackout Wednesday” by some.  It is:

  • A bigger drinking day than New Year’s Eve or St. Patrick’s Day;
  • Especially prevalent among urban areas and among college students
  • One of the top drunk driving nights of the year in some areas.

Alcohol Related Highway Deaths

As the above infographic shows, and as you might already know, highway deaths related to alcohol goes up.  The average for most years is that 31% of highway deaths are alcohol related.

  • For the Thanksgiving Holiday, 40% of deaths on the highway are alcohol related.
  • For the Christmas Holiday, 37% of highway deaths are due to alcohol.
  • For the New Year’s Holiday, 58% of deaths are alcohol related.
  • And for the entire holiday season, the average is 40%.

Holiday Drinking Trends:

When interviewed, people revealed the following:

  • 96% of people went to work hung over after a party, or know someone that did;
  • 60% of people think alcohol makes a party more fun;
  • 57% have seen people drive under the influence;
  • 40% say they, their friends, and their family members use the holidays as an excuse to drink.

Holiday DUI Statistics

During the period of time between Thanksgiving and New Year’s Day:

  • 2-3 times more people die in alcohol related crashes;
  • 1200 people will be killed; and
  • 25,000 people will be injured in traffic accidents caused by alcohol.
  • DUI Offender Drinking Violations

DUI Offender Statistics During the Holidays

When measured with a camera as part of their probation, those already arrested for DUI had violations most often during the holidays.  Those statistics were as follows:

  • Thanksgiving: 30%
  • Christmas Eve: 33%
  • New Year’s Eve: 155%
  • Total Holiday Season: 33% (measured as the Wednesday before Thanksgiving to January 2).

Road Trips and Driving During the Holidays:

  • 90 million Americans take road trips during Christmas and New Year’s
  • Thanksgiving alone, 38 million Americans travel by car for the Thanksgiving holiday.
  • 1 in 8 licensed drivers who consume alcohol say that they have driven when they thought they were close to, or over, a .08% blood alcohol level in the past year.

If you are in need, or are looking for, Orange County DUI Lawyers, contact our firm.  We have a top rating and handle only DUI cases, and are happy to help with a free consultation.