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.
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.
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.
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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
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
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.
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
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 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 you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.
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