CA DUI laws, I got a per se DUI no injury or property damage will i completely lose my DL or can i plea for restricted instead?

If you lose at your DMV hearing, your license will be suspended for 4 months. You can get a restricted license after 30 days of actual suspension upon certain conditions.

A wet reckless is a reduced charge that the DA can offer on borderline cases. It stays on your record for 10 years and can be used as a prior just like a DUI. It may have less fines and the first offender DUI class isn't mandatory (although you'll need to do it anyway for the DMV to issue a restricted license).

You only have 10 days from your arrest to request a DMV hearing regarding the license suspension or it will automatically be suspended. The public defender's office will NOT represent you at the DMV hearing. If you're looking to fight this on all fronts, you need to get a criminal defense attorney to represent you ASAP.

Your work schedule will not be considered at the DMV hearing. Only legal arguments can win a DMV hearing. If the hearing is won, your license will not be suspended at all from the DMV proceedings. If your charges are reduced to a "wet reckless" at court, your license will not be suspended at all. Also, you would not be required to file an SR-22 Form - a very expensive insurance form.

Hire a lawyer to fight your case and try to get the above results for you. You can find a qualified lawyer at www.califorina-dui-lawyers.org

What you must do within
10 days of being arrested


10. If you need to save your driver's license or privileges, your attorney has only ten (10) calendar days to contact DMV!

Do not schedule yourself. If you contact DMV to schedule a date conflicting with your attorney's calendar, DMV will not reschedule and you may not get the attorney of your choice. There is no rush as long as your attorney contacts DMV by the 10th day from your arrest.

9. The ten (10) day time limit is computed from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact an attorney ASAP.

8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received.

7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.

6. Even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges.

5. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.

If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.

4. Do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date! The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good "until the court date". If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.

3. There are three (3) issues at the hearing if you completed a chemical test. (See reverse side of DMV paper.)

Issues are whether the officer had probable cause to stop or contact you or whether the chemical test evidence is beatable.

2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win!

1. All a DMV attorney has to do is knock out one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!

You may be able to get a restricted license after a month of actual suspension by the DMV. Of course this assumes that the DMV actually suspends your license. As for the wet reckless you really should have a DUI/ criminal defense attorney review your case to provide you with your best options.