Three things you need to know about a misdemeanor DUI case in California are that you face two separate legal cases, you will have to act fast to protect your driving privileges, and you are subject to various penalties. Consider your legal options carefully if you’ve been arrested for a misdemeanor DUI.
Speaking with a Los Angeles misdemeanor DUI lawyer can be extremely helpful. They will explain these options in detail and build your legal defense. Plus, they will discuss the things listed below that you need to know about your misdemeanor DUI case.
1. A Misdemeanor DUI Charge Is Split into Two Cases
One of the things to think about with a misdemeanor DUI case: You can receive criminal punishments, lose your right to drive, or both. This is due to the fact that in California, your misdemeanor DUI is treated as two separate cases.
In terms of what happens with a misdemeanor DUI in a criminal case, your litigation will likely begin with an arraignment. With this, you will appear in court, be formally informed of your DUI charge, receive information about your constitutional rights, and enter a plea. From here, the next steps are determined, and your case could be resolved via a plea bargain in lieu of a trial.
Comparatively, the California Department of Motor Vehicles (DMV) has the right to suspend your driver’s license after you are arrested for a DUI, even if you’re not convicted in your criminal case. If you don’t request a DMV hearing following your DUI arrest, your driver’s license will be suspended for four months or longer.
2. There’s a Strict Deadline if You Want to Protect Your Driving Privileges After Your Misdemeanor DUI Arrest
Another thing to know about your misdemeanor DUI case is that the arresting officer may confiscate your physical driver’s license at the time of your arrest. If this happens, the officer will provide you with a temporary license (typically a pink slip). They will also issue an Order of Suspension or Revocation that becomes effective 30 days after your arrest.
In California, you have 10 days from the date of your DUI arrest to ask for an administrative hearing with the DMV. Miss this deadline, and your driver’s license will automatically be suspended after the 30-day temporary period ends.
Leave nothing to chance if you’re dealing with a first-time driver’s license suspension for driving under the influence or have had your license suspended previously due to a DUI. Have a DUI attorney help you submit the required paperwork to request a DMV administrative hearing. Your lawyer will represent you during the hearing and position you to maintain your driving privileges.
3. The Penalties That You Will Receive if You’re Convicted of a Misdemeanor DUI Depend on Several Factors
Among the things to know about a misdemeanor driving under the influence case are the penalties that you will face if you are convicted of this offense. Your misdemeanor DUI attorney will answer any questions you have about the criminal penalties that will come with a conviction. Here are some of California’s DUI penalties for those convicted of a misdemeanor:
- Jail sentence: You may have to spend up to one year in jail.
- Fines: You can receive fines ranging from $390 to $1,000, along with additional penalty assessments.
- DUI school: You could have to participate in an alcohol or drug education program that lasts up to 30 months.
- Probation: You could be subject to three to five years of informal probation.
Those charged with misdemeanor driving under the influence for the first time are more likely to get a DUI plea deal than individuals who’ve been convicted of this crime multiple times. Meanwhile, each time that you’re convicted of a misdemeanor DUI, the penalties that you will receive will escalate. The fourth time that you’re convicted, you will receive felony DUI penalties.
Other Things to Know About a Misdemeanor DUI Case
Your legal representation makes a difference in your misdemeanor driving under the influence case. Hire a DUI attorney who is familiar with California’s criminal justice system. Your lawyer will examine myriad DUI strategies for your case, including:
- Challenging your traffic stop and whether the police had probable cause for pulling your car over
- Disputing the accuracy of your field sobriety test (FST) results
- Showing that the symptoms of intoxication that you displayed at the time the police stopped your car were related to an underlying medical condition
Remember, the steps you take following your DUI arrest have the potential to affect you for the rest of your life. If you have a DUI attorney on your side, you can contest the prosecution’s argument and boost the likelihood of avoiding a conviction.
Talk with a Lawyer About the 3 Things to Know About a Misdemeanor DUI Case
A misdemeanor driving under the influence charge can lead to a conviction that disrupts your ability to enjoy your life to the fullest. Don’t face a misdemeanor DUI charge alone. Receive legal guidance and support from misdemeanor DUI lawyers, as they will commit the time and resources required to help you get the case outcome that you want.
Los Angeles DUI Lawyer has decades of combined experience on our staff. Trust us to help you get in touch with misdemeanor driving under the influence attorneys who will investigate your DUI case and fight back against the prosecution on your behalf.
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