Hayward DUI / DWI Attorney.
The DMV and the court operate independently. If you didn't request an hearing within 10 days of your arrest, the DMV will have suspended your driver's license for one year. You may be eligible for a "critical need" restriction. This information is on the DMV website. You can download the application. The courts do not always have the information available for the date you were given when you were arrested. As you will note, from the other responses to your question, the charges are not...
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The answer to your question truly depends on where you will be going to court. In the areas that I practice, Alameda and Contra Costa County, you would be looking at a range of 10 days to 30 days in a work alternative to jail program. However, this can vary from court to court and judge to judge. Find a DUI specialist in your area to help you. California DUI Lawyers is a valuable resource.
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You were suspended under the Administrative Per Se laws due to your "arrest". This is separate and completely different for a suspension for being "convicted" of a DUI. The restriction that you describe, relates only to the "conviction" suspension and, unfortunately, not to the "arrest" suspension. Did you have a DMV hearing? If so, depending on a number of factors, you may want to consider appealing the decision of the DMV. I suggest you contact a local attorney from California DUI...
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You have an absolute right to be represented by an attorney at your DMV hearing. If you have not secured an attorney on the date and time your hearing is scheduled for, you can request a brief continuance to secure counsel. This are generally granted by the hearing officer assigned to your matter.
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Although I practice in California, and the law are different state to state, you should contact an attorney in your area who is a DUI specialist. Certainly, keeping your record clean is of paramount importance.
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There is no requirement for a written test after a suspension for DUI. As long as there are no other suspensions affecting your license, your SR 22 and proof of completion are properly filed with the DMV, and you pay the reissue fee, your license should be reinstated.
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As Mr. Mueller stated, you are not eligible for a restriction until the year has passed. Although there is pending legislation to change this law, the funding has not yet been approved. If it is approved, it will probably not be in place until July of 2010, which will not be helpful for you.
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I echo Mr. Mueller's response. Please contact an qualified attorney who understands the law and appears in the Newhall/Santa Clarita court often. You should get information about the current status of your license and what might be done to correct your suspension prior to your court date. Do contact an attorney to represent you on your next court date.
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I understand that your court case was reduced to a wet reckless. But, did you have an administrative hearing at DMV to contest a suspension ? If not, and is sounds as though you either did not have a hearing or lost your DMV hearing, the DMV suspended you for a four month period. If this is true, in order to request a restricted license after 30 days of your suspension, you will need to be enrolled in a level 1 (30 hour class) and have an SR 22 filed on your behalf. The 12 hour class is...
In order to assure that all of the issues that arise from this arrest are addressed, contact an attorney immediately. Your boyfriend should have received a pink "Administrative Per Se" form which outlines the DMV portion of the arrest. He must contact the DMV and request a hearing within 10 days of receiveing this notice. An attorney can best advise what kind of hearing should be requested and which office the request for hearing should be sent to. Michael Kennedy, an attorney in Palm...
