CALIFORNIA DUI PROCESS
Within the DUI court process of California, punishment is issued for individuals who are convicted of drunk driving. Possible penalties for a DUI conviction include:
- Jail time
- Completion of DUI school
The DMV conducts an administrative proceeding that deals with the driving privileges that the accused individual may lose. After your arrest, you will have 10 calendar days to contact the DMV to schedule your DUI / DMV hearing. If you do not schedule your hearing within this time period, you will forfeit your right to the hearing, lose the opportunity to fight for your privilege to drive, and may be subjected to an automatic license suspension. Various issues can be brought to the DMV hearing officer’s attention to have him or her consider reducing your penalties.
Some of the issues the hearing officer may consider include:
- The arresting officer did not have probable cause to believe you were driving while intoxicated
- The officer placed you under arrest unlawfully
- You were not driving with a blood alcohol concentration of 0.08% or higher
- You did not refuse a chemical test
After listening to the issues in the case, the hearing officer can either sustain the action or set aside the action.