California DUI Defense Strategies

You are not guilty of DUI in the state of California until proved otherwise. Being arrested or suspected of the DUI offenses will not make you liable to the penalties of the state. You are fully entitled to defend yourself against such charges. While there may be a number of ways to defend your own stand, hiring a California DUI Defense Lawyer well experienced in the nuances of a DUI case is the best option.

Statistics show that the number of drunk driving has gone down appreciably as the laws governing the various instances of DUI have toughened. This is particularly true of the state of California. The Department of Motor Vehicles in California also publishes a driver’s manual which gives every details of DUI as well as other traffic violation rules and safety measures. The manual can be downloaded and printed by accessing it at http://www.dmv.ca.gov/pubs/dl600.pdf.

Having your vehicle impounded, being subjected to a variety of chemical tests along with spending a night locked up in the local jail may leave you frustrated and ridden with anxiety. Getting out of the situation will prove to be easy if you know the DUI laws of the state. Being convicted of a DUI charge is not a trivial matter and you do need to know the legalities involved before you can initiate the defense proceedings against such a charge.

Steps after Being Arrested for a DUI Charge

The immediate step taken by a law enforcement officer after a DUI arrest is to forward a copy of the suspended or revoked driver’s license to the California Department of Motor Vehicles. A detailed report stating the circumstances and reasons for the arrest needs to be submitted to the department as well. The DMV then conducts an administrative review taking into consideration the results for your BAC level which forms the basis of your arrest.

You can now request the concerned department for a court hearing in order to oppose the suspension or revocation of your license. The request to the DMV must be made within 10 days of receiving the notice of suspension or revocation. The department will contact you only if the charges are dismissed following an administrative review. You are free to contact the Department of Motor Vehicles, California at 1-800-777-0133 for additional details. The office of the Director can be also contacted by mail at the Department of Motor Vehicles, 2415 1st Avenue Mail Station F101, Sacramento, CA 95818.

The department usually issues a temporary or restricted license which lets you drive unhindered for the next 30 days. This is done in accordance with the statutes of California so that you can plan your defense accordingly. Your revoked or suspended license is also required to be restored to you at the end of the necessary period subject to a payment of $125 as  fee for reissuing the license. A proof of financial responsibility is also required to be furnished with the department before you can get your license back.

California DUI Offense

Driving under intoxication is one of the commonest criminal infractions in California as in the other states across America. While the normal DUI offenses are treated as misdemeanors, instances of regular DUI violations are considered to be felony as well.

The ‘habitual offenders’ as well as the DUI violators charged with causing grievous bodily harm or vehicular homicides are treated harshly under the California DUI laws. It is, therefore, best to prepare for a suitable defense well in time. You also need to remember that the DUI records will remain in force indefinitely and getting absolved of the charges will go a long way in ensuring both your credibility as well as peace of mind.

While you are required to submit yourself to a BAC test according to the Implied Consent laws of the state, the law does not force you to concur to it. It would be wise to check out the various laws pertaining to the DUI offenses of the state from http://www.dmv.ca.gov/pubs/vctop/vc/tocd11_5c2a2.htm before you start preparing for the defense.

Appearing in court more than once is mandatory specially if you face severe charges of a DUI felony. Being present in court on the specified date and time will help you evade additional charges of being held for contempt of court.  However, you must be knowledgeable about the separate administrative as well as the criminal charges that can be imposed on you.

California Defense Outcome

It is impossible to predict the outcome of a DUI defense as each case differs from the other greatly. There are various factors to be taken into consideration as well. The reasons for detaining you as well as the results of the sobriety tests are taken into account by the judge during the DUI case hearing. There is no surety of getting an acquittal but you can certainly try your best to escape conviction by having a thorough understanding of the DUI laws of California and the procedures involved while confronting the judicial system of the state.