I got a dui 1st offense blood alcohol level was .24 blood test - breathe was .27 I live in California , what will dmv do, my

Asked over 1 year ago - San Marcos, CA

dui penalty 1st offense with dmv

Additional information

I live in san diego area does dmv request an iid, and how long suspension, I did not make the dmv hearing in time, how long of dui school will they want me to do

Attorney answers (10)

  1. Manny Daskal

    Contributor Level 13

    9

    Lawyers agree

    Answered . Court notifies DMV once convicted with .20 or greater and DMV will require a longer course, additionally some places may require Ignition Interlock

  2. Nicholas Maurice Rosenberg

    Contributor Level 14

    8

    Lawyers agree

    Answered . I am not sure exactly what your question is. Are you asking if your license will be suspended based upon being arrested for and having a chemical test of .08 or higher? The answer is you should request a hearing within 10 days and immediately consult with an attorney - I do not know the facts of those results or why you were pulled over. Secondly, are you asking about what would happen if you are convicted? The answer is similar, consult with an attorney about your whole case and then determine a strategy.

  3. Matthew Murillo

    Contributor Level 19

    8

    Lawyers agree

    Answered . If you do nothing, DMV will suspend your license. A minimum of 4 months as a first offense, unless there were aggravating circumstances (ie., collision, refusal - doesnt sound like it).

    HOWEVER, even with a high BAC, there may be defenses available to you which may negate the lawfulness of arrest or the validity of the test results. Best way to know more about what you can do would be to contact a local attorney and discuss the details of the case with them.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
  4. Andrew Michael Limberg

    Pro

    Contributor Level 16

    7

    Lawyers agree

    Answered . You can anticipate both the DMV and court system will take action against you. You should not hesitate to obtain a free consultation from a San Diego County defense attorney to learn exactly what can be done on your behalf to ensure the best possible result.

    Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381
  5. Anthony David Scott

    Contributor Level 11

    4

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . The DMV on the administrative side (DMV only - not the results of a DUI conviction in court) will require a 4 month suspension of your license. You would be eligible for a restricted license after 30 days IF you meet the specific requirements, do the program, file proof of insurance and pay the DMV a fee.

    If you are convicted in court there may be additional DMV ramifications.

    hiring a lawyer can help you navigate through the DMV's complex laws.

    Good Luck.

  6. Mark Lawrence Deniz

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . As a former District Attorney and former City Attorney I know these cases are on the face strong, but they can have some very viable defenses.
    The DMV and the prosecution will be taking action.

    Get an attorney who will look deep to find the possible defenses to at least knock down the sentence.

    It is key that you hire the best locally experienced criminal defense attorney to represent you that you can afford. You should obtain a free consultation as soon as possible. Good luck.

    Law Offices of Mark Deniz
    1010 2nd Avenue, Suite 2307, San Diego, California 92101 (858) 751-4DUI

  7. Michael Rutledge Norton

    Contributor Level 16

    5

    Lawyers agree

    Answered . DMV will suspend your license if you fail to request a hearing or lose the hearing. You are also facing action from the DA/court. There is additional punishment fro having a bac over .15 and again if over .20 so you want an attorney to help you fight the case or at least try to get you a plea agreement with a lower BAC stip. I have handled a lot of DUI's out of the Vista courthouse and they will look to add the additional punishment.

    Mike Norton
    760-420-5537

  8. David Philip Shapiro

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . Hire a quality, locally experienced, criminal defense attorney to assist. IID is optional on first time DUIs, but the BAC is of concern...particularly if your case is in North County SD.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  9. Michael Jon Fremont

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . As an attorney that practices in San Diego I can tell you that the DMV will
    give you a standard suspension of 4 months if the suspension is upheld
    after hearing the court however will impose more severe penalties and
    increased alcohol program of course there are defense is that may apply to
    your kids

  10. Bobby Shamuilian

    Pro

    Contributor Level 5

    2

    Lawyers agree

    Answered . Your answer wasn't completely clear. If you do nothing, the DMV will suspend your licence for a period of 4 months.
    A criminal defense attorney with experience in DUI's may be able to help. Contact an attorney local to San Marcos.

    This post is provided for general informational purposes only and is not intended to be legal advice specific to... more

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