First DUI Offense

Our office can handle both your criminal and DMV case today.

Please call 209-451-2241 

Drivers in California who have been arrested for DUI have two separate cases against them. First, the California Department of Motor Vehicles (DMV) will take action to suspend your driver license through their administrative per se (APS) hearing. You have 10 days from the date of your arrest to file your paperwork and stop the DMV from suspending your license. If you do not request this, the DMV will begin the process of suspending your license.

You have 10 days from the day you were arrested to prevent the DMV from suspending your driver license

Success at the APS hearing will be determined on the severity of the charge, prior convictions, and if you provided samples for the chemical test. Your Stockton DUI Lawyer can represent you at the APS hearing. In fact this is where having an attorney on your side would be wise. It is at this hearing where a skilled attorney can challenge the evidence and make a case for dismissal See DUI DMV

Your punishment for your first DUI depends on a few things. If you agreed to take the chemical test you will face a four month license suspension from the DMV and will be required to file formal proof of insurance call a SR-22 form for the next three years. You may be allowed to travel with a restricted license that allows you to travel to and from work. You’ll also be required to attend Alcohol awareness classes.

If you refused your chemical test you will face a longer suspension of your driver license and no opportunity to obtain a restricted license. You’d also need to file the SR-22 proof of insurance with the DMV to reinstate your driver license.

At the APS hearing, your skilled Stockton DUI Lawyer understands there are three facts that must be proven to establish reasonable belief that a crime was committed. These facts are as follows; blood alcohol content (BAC) of at least .08% or more, a crime was committed, and the arrest was lawful. Your skilled Stockton DUI Lawyer can cast doubt on all assertations and try to get just one item rejected your case would be dismissed.

Please remember that your punishment from the DMV is different from the State. The DMV, not the court, suspends the driver license. The DMV will suspend the license for six months upon learning of a DUI conviction. The suspension is concurrent with any APS suspension.

We offer a free initial consultation which would help you understand what your up against. No obligation 209-451-2241