If you are facing a first DUI in California, it's important to seek a DMV hearing within 10 days from the date of your arrest. DUI is the only violation where you are facing both criminal and administrative penalties. DMV hearing is an administrative process, where the DMV seeks to suspend your license for four months if a DMV hearing is lost. However, you can apply for a restricted license after having served 30 days of mandatory suspension. In order to apply for a restricted license, you will need to have an SR-22 filed, enroll into a first offender DUI school and pay a reissuance fee to the DMV. The restricted license allows you to drive to and from, and during the course and scope of your employment and your DUI school.
With regard to criminal penalties, typically there is a substantial fine close to $2,000.00, a DUI program, MADD program, 6 month suspension of your license and 3 years of informal probation. However, your suspension will be converted into a restricted status by going to the DMV and reapplying, and without having to undergo another 30 days of suspension. You can apply immediately after the conviction.
Upon completion of your informal probation, you should petition the court for an expungement under Penal Code Section 1203.4, which allows you to withdraw your plea of guilty to a not guilty and dismiss your case.
Once an expungement is granted, you do not have to disclose your conviction. There are only three exceptions: if you are applying for a license with a local or state governmental agencies; if you are running for a public office; or if you've won the lottery.
For repeat DUI offenses, it is imperative that you contact us as the penalties increase exponentially, especially with jail time. For many repeat offenses, jail time can be served alternatively by the following:
1. If the court permits, home confinement
2. Private jail facility
3. Work furlough
4. Residential treatment facility
Jail can have a devastating effect on you and your family. We are here to help you and understand the situation you are in, and we will do everything we can to help you so that you can maintain your job status and be able to go home to your family.
We are committed to providing you the best service possible. We will provide you with many possibilities and options that best suits your background and situation.
Contact The Law Office of Glew & Kim online or call us at 866-416-2161 to schedule a free initial consultation.