What to Expect with When Arrested for a First Time Misdemeanor DUI in California.
When arrested for a fist time DUI it is important to know the processes so there are no surprises as to the toll and problems you will face. DUI prosecution carries one of the harshest misdemeanor punishments.
DMV Administrative HearingIn California if you are arrested for DUI you will face two different processes; the DMV Administrative hearing and the Criminal proceedings. Each of these are distinct and will require different punishments.
The DMV hearing will determine the future of your license are carries different requirements for you to follow in sentencing in order to restore driving privileges.
After being arrested for DUI it is imperative that you call the DMV number on the Pink slip you are given after arrest within 10 days of the arrest. The DMV is very strict on this. When you call the DMV set up a date by phone or in person to have a hearing on your license. You are entitled to an attorney
It is very rare that the DMV will not impose a suspension. If your license is suspended it will be for; 1) 4 Months if it is a first time with no refusal on the blood or breath test and not under 21, or 2) 1 year if you are under 21 or refuse a breath or blood test.
In order to receive a restricted license before the 4 months you must complete 1 month of suspension the SR22 form and MADD classes as well as pay a $125 fee to life the suspension. You will still have the restricted license for 5 months.
Criminal ProceedingsThe criminal proceedings will carry their own set of punishments should you be convicted or take a plea. These punishments do not require that you follow your punishment for the DMV. The punishment will be anywhere from $325 fine to $1000 plus processing fees in the amount of $1000.00, 5 years probation, and MADD classes. Depending on your BAC or other factors you may be subject to other punishments such as the following; for BAC's over .15 an interlocutory device or AA classes, and 5 days community work service. For extreme cases the court will impose in or out patient rehab.