California DUI Lawyer
California DUI Lawyer



Sacramento CA DUI Lawyer

1401 21st Street Suite 400
Sacramento, CA 95811


Sacramento


(916) 444-4472
(916) 444-8723

Howard E. McEwan


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Sacramento California DUI Lawyer Howard E. McEwan, Attorney At Law

CALL NOW FOR A FREE CASE EVALUATION

(916) 444-4472

Sacramento California DUI Lawyer

Law Offices of Howard E. McEwan, Attorney at Law
1401 21st Street
Suite 400
Sacramento, CA 95811

"What will happen to me in the California courts on my first offense for DUI?"

If you talk to any of the DUI lawyers in California, there are all sorts of variables they will consider. Whether you got a Southern California DUI in Los Angeles or a DUI San Diego, they usually will not give you a clear answer. After ten years of working with first offenders in San Francisco, I can tell you within a general framework of what (VC23152) first offenders receive for a DUI in San Francisco and the Bay Area.

A California DUI in the Courts
  • $1,300 fine.
  • 3 years probation (informal - no probation officer).
  • 3-5 days sheriff work alternative program (picking up trash, cleaning buses, etc.)
  • First Offender School (12 hrs/ 32 hrs / 45 hrs (3 month or 6 months) depending on blood alcohol levels.
  • AND Once the DMV receives notice of conviction - 6 Months license suspension (this is in addition to APS action - see The Complication below).

If the DUI charge is reduced to a ’wet reckless’ the fine is lower and the course is only 12 hours. BUT If you want a restricted license, the DMV requires a completion certificate for a first offender program. A first offender program is 3 months long (sometimes the county makes it 4 months long). So, here is the catch 22. The court tells you to do a 12 hour program BUT the DMV has NO forms for a 12 month program and ONLY accepts completion forms for a 32 hour program! Get it? If you’ve got a ’wet-reckless’ then you have to complete a 3 month program to get your license from the DMV in California! A DUI lawyer can help you out with this.

This is in addition to the four months immediate DMV suspension that starts 30 days after your DUI stop.

The Complication of a California DUI

These two ACTIONS (court and DMV) are SEPARATE and do not influence one another. Many times someone gets their license back by going to the DMV hearing and then is convicted in the court. When this happens what happens to your license gets ever more ’complicated’. And the reverse is true, people are innocent in the court and yet still have a license suspension with the DMV.

With the conviction in the court you are allowed to get a restricted license AFTER a 30 day hard suspension (after the 30 day temporary license period is over = two months after your DUI stop). This allows you to drive to and from work and in the course of your employment and to and from the DUI class.

The only ’draw back’ to the license restriction is that it is restricted for 5 months (they say 6 but the DMV counts the first month of suspension). OR you can ride out the 4 months suspension period and get you license back. BUT, once the court notifies the DMV that you have been convicted of a DUI or a wet reckless and as part of your probation you have been sent to a First Offender Program. The requirement to show proof of completion of the program will be added to the list of items needed Proof of Insurance SR-22 and pay $100) to get your license returned.

According to CA DUI Laws, as of October 2005, upon receiving notice from the court of a California DUI conviction (23152) the DMV is suspending licenses for 6 months. This new added compilation is a double suspension the DMV is giving DUI offenders. The first is the four month APS suspension telling DUI offenders they can get a restricted license DMV tells DUI.com that only 20% of DUI offenders statewide actually get this restriction) and then they issue this letter telling the offender they are suspended for 6 months and can get a restricted license on the court conviction. The added complication is this; once a person gets an APS restriction they have to go back in and get another restriction after paying $15.00.

As anyone can see there is a problem with time. If someone gets an APS restriction and then receives a letter from the DMV based on the conviction indicating that they have a 6 month suspension (AFFECTIVE as of the CONVICTION date) they will actually be driving on a suspended license (and if stopped will have their car towed) until they go to the DMV and pay a $15 restriction to get a restricted license reinstated.

California DMV Hearings

The suspension will be ’stayed’ for six months or until the hearing is held. Per the California DUI laws, the driver will have a license BUT if the person loses the hearing and most do since only 7% of the licenses are returned!).

If the driver loses the hearing then the 4 month suspension will go into effect and after a hard 30 days suspension a 5 month restricted license, driving to and from work, could be issued

COMMONLY ASKED QUESTIONS AND ANSWERS

  • TYPE OF CASES OUR FIRM HANDLES
    I handle many types of cases to bench and jury trials including DUI, Criminal and Traffic.
  • WE THINK YOU SHOULD HIRE US IF:
    You want a lawyer who will personally handle your file and will be available for consultation afternoons, evenings and weekends. I will fairly evaluate your case and determine the most favorable course. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.
  • OUR FIRM IS NOT RIGHT FOR YOU IF:
    You are looking for a lawyer who will only tell you what you want to hear. I will work with you to honestly assess the facts of the case.
  • IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD:
    I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message with my secretary or on my voicemail. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (916) 444-4472 or email at hemcewan@yahoo.com
  • THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS:
    The cost varies depending on the allegation and facts of the case. A fee will be quoted at our initial consultation.
  • OUR CLIENTS WILL TELL YOU THAT:
    My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition my personal and regular contact with clients, availability and involvement with every aspect of the case bring the most favorable results.
  • OUR PHILOSOPHY ON HOW WE APPROACH  OUR CASES IS:
    Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.
  • IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD:
    During our free initial consultation I will answer any questions. Please call (916) 444-4472.