Each year in California there are approximately 200,000 DUI arrests. Each person who is arrested and charged with DUI should seen guidance from a San Jose DUI attorney immediately to enable them to fight the automatic suspension of their drivers license and to help with the administrative hearing process.
Understanding the administrative hearing
Drivers who are stopped and subsequently charged with a DUI will automatically have their license removed and will be given a 10-day right to drive. In order to have your driving rights restored, you must contact the California DMV to schedule an administrative hearing. Steven H. Nakano Attorney at Law points out that not all drivers are aware they have the right to have their attorney present at this hearing. These are conducted at the DMV and the officer who arrested you will likely testify.
It is important to understand the nature of the administrative hearing is punitive. The process is simply to determine whether or not you may keep your right to drive after you have been arrested for a DUI. These proceedings are completely separate from any court hearings you will face on the DUI charges.
Steven H. Nakano explains DUI laws
Many drivers think they can only be charged with a DUI if they are drunk and fail a breathalyzer test. This is incorrect: There are other substances, primarily drugs, which can result in DUI charges. It is also crucial that you understand it is possible to face stiffer charges if any of the “enhancement” conditions occur including:
- Having a child in the vehicle – if a child under 14 is in a vehicle and the driver is charged with DUI it is possible the fines and sentencing may be more severe if you are found guilty.
- Involved in an accident – any DUI conviction where there was another motor vehicle involved will result in enhanced sentencing and punishments.
- High rate of speed – if you are stopped and subsequently found guilty of DUI and were speeding at the time of the stop, you may face additional penalties.
- Underage drinking – those who are underage and convicted of DUI often face very harsh punishments.
- Chemical test refusal – in nearly all cases, the refusal of a chemical test will result in automatic jail time.
California DUI laws are very harsh and the penalties for a conviction are steep. First time offenders could face upwards of six months in jail, fines of up to $1,000 and a mandatory license suspension of up to 10 months. Additionally, in some cases, you may be required to install an ignition interlock device for upwards of three years.
It is also important to understand that California has a 10 year “look back” period and a subsequent offense could result in up to one year in jail and a license suspension of up to two years. This is why it is important to have a San Jose DUI attorney on your side. Call Steven H. Nakano Attorney at Law if you are facing a DUI charge. We will ensure your rights are protected and help you with all aspects of your charges.