Los Angeles DUI Attorney
According to the most recent California DUI statistics, there were nearly 1,500 alcohol-involved fatalities in 2007.That may not seem like many, considering there were more than 200,000 DUI arrests, but once you realize that 1,500 people left behind their parents, siblings, children, spouses, friends, and other loved ones, the number becomes staggering.
Due to these high numbers, in 2011, California join many other states by allowing the Department of Motor Vehicles to immediately suspend the driver’s license of anyone suspected of driving under the influence. This law, known as Admin Per Se, enables law enforcement to confiscate a suspected offenders driver’s lic
ense. The license is then sent to the DMV, where it is held until the predetermined suspension time is over or the charge is found to have no merit at a hearing.
From 2003 to 2012, over 10,000 individuals were killed in a car accident with a drunk driver. Every one of those 10,000 individuals had a family, friends, children, parents, and hopes and dreams for their future.
Because of these sobering numbers, California has strict penalties for DUI offenders and many laws to keep drunk driving in check. For example, in 2011, California joined many other states by allowing the Department of Motor Vehicles to immediately suspend the driver’s license of anyone suspected of driving under the influence; this law, known as Admin Per Se, enables law enforcement to confiscate a suspected offenders driver’s license. However, you are given 10 days to request an Admin Per Se hearing to determine whether your license will be suspended and you are allowed to continue to drive on a temporary license until the outcome of your Admin Per Se hearing. Additionally, if someone under the age of 21 is found to be transporting alcohol that is unopened, their license can be suspended.
Whether you are facing your first DUI charge, a suspended license, or something else – or if you’ve had multiple DUI offenses already and you’re nervous about the penalties you may face – contact our Los Angeles criminal defense attorney. Attorney Brian Hurwitz has years of experience representing individuals charged with a DUI or other alcohol-related charges in the state of California. He has built relationships with judges across Los Angeles and represents his clients zealously. Attorney Brian Hurwitz will relentlessly fight for your rights all the way to trial and answer any questions you may have along the way. If you or a loved one is facing a DUI charge, call our office to find out how we can help you.
Per California’s driving under the influence (DUI) laws, it’s illegal to operate a motor vehicle with any of the following blood alcohol concentration (BAC) percentages:
- 0.08% or higher? 21 years old or older operating a regular passenger vehicle.
- 0.04% or higher?operating a commercial vehicle.
- 0.01% or higher?younger than 21 years old.
The state’s DUI laws include medications, too. You can’t legally drive if you’ve consumed illegal drugs or:
- Excessive amounts of drugs with alcohol in them (such as cough syrup).
- Prescription medication.
- Over-the-counter medication.
DUI convictions stay on your driving record for 10 years.
Understand Your DUI Penalties
Not all DUI penalties or charges are the same. Depending on your age, license type, and any previous convictions, you could face:
- Admin Per Se license suspension.
- Criminal license suspension
- Jail time or community service.
- DUI school.
- Installation of an ignition interlock device (IID).
- SR-22 filing.
All DUI convictions require drivers to complete a DUI program. The course length varies based on your BAC and any previous DUI convictions.
Your judge and DUI lawyer will inform you of your DUI program requirements, but you can review the state’s Department of Health Care Services DUI programs for an overview.
estricted licenses allow you to drive to and from places designated by your court, and are available for some DUI offenders.
You might be eligible if:
- This isn’t your second or subsequent DUI offense in the last 10 years.
- You agreed to the chemical test.
- Your license wasn’t already suspended or revoked.
To apply for the restricted license:
- Request the application from the DMV after the mandatory suspension of 30 days is up.
- Pay the $125 fee to reissue your license (or a $100 fee if you’re younger than 21 years old and the judge deems you can have one).
- Enroll in the DUI First Offender Program and get the instructor to file Proof of Enrollment Certificate (Form DL 804) with the DMV.
- Meet certain financial responsibility requirements, such as filing an SR-22 or providing a $35,000 cash deposit, surety bond, or self insurer certificate.
- Install an IID, a possibility for some drivers.
Generally, you can reinstate your CA driver’s license after a DUI once you:
- Pay all applicable fines and other fees (including your license reissue fee).
- Complete any jail time, community service, or other probation order.
- Successfully complete the DUI program, if ordered, as well as any ordered alcohol or drug treatment programs.
- Keep your ignition interlock device for the ordered amount of time, if applicable.
- Finish your suspension or revocation period.
- File your SR-22 (see below) or present other state-approved proof of financial responsibility.
For more details specific to your case, contact the DMV or the court handling your case.
SR-22: Car Insurance and Proof of Financial Responsibility
You will have to file proof of financial responsibility in order to get your driving privileges back; this includes criminal and Admin Per Se suspension.
Most often, drivers rely on an SR-22 filing. An SR-22 is a type of financial responsibility certificate that proves you’re carrying the state’s required minimum liability coverage. Your insurance provider can file this form with the CA DMV.
You do have other options, though. For example, you can:
- Post a $35,000 cash bond.
- Post a surety bond.
- Self insure.
You probably can see why an SR-22 is the most common choice