In recent years, the fines and penalties for driving under the influence (DUI) have steadily increased. The California legislature has determined that a DUI violation is a serious violation of the law and has established a complex legal framework for handling these violations. If you are arrested for DUI, you potentially face severe fines, community service, alcohol programs and jail time.

A mistaken belief that there is only a criminal case pending against one arrested for DUI is common. Many do not realize that they now have a battle on two fronts: 1. the Criminal Case itself; and 2. the Department of Motor Vehicles (DMV) – with respect to the suspension of their driver’s license.

When you are arrested for DUI, the police confiscate your driver’s license and issue you a temporary license for a thirty (30) period. You MUST contact the DMV within ten (10) days of your arrest to request a “stay” of your license suspension and a DMV hearing to contest your DUI arrest. If you fail to request the “stay” and hearing within ten (10) days, your temporary driver’s license will expire after thirty (30) days, and you are unable to legally drive a motor vehicle.

California Vehicle Code Sections 23152 and 23153, state in part:

• It is criminal violation to operate a motor vehicle on a public roadway with a blood alcohol level of .08 percent or higher.

• It is a criminal violation to operate a motor vehicle with a blood alcohol level of over .01, if you are under the age of 21.

• It is a criminal violation to have an opened container of alcohol in a vehicle upon a roadway, unless the container is kept out of the immediate control of its occupants.

• Anyone arrested for driving under the influence must submit to a chemical test (blood, breath, or urine) to determine the alcohol content of the blood. Failure to complete or refusal to take the test will result in suspension of the driver's license for one year.

If you are arrested for DUI, seek immediate representation to protect your rights. Do not make any statements to the police. Do not discuss how much you drank, or when you drank! Contact an experienced attorney immediately!

Your attorney must not only be familiar with the law surrounding DUI, but also with the rules and procedures established by DMV. A DUI is a serious violation requiring a knowledgeable attorney with significant experience in this area. Don’t give up your rights!