California has some of the strictest laws in the US regarding drunk driving (DUI or Driving Under the Influence of Alcohol or Drugs). Your prompt action can have a significant impact on a successful defense. For example, there is a 10-day deadline for contacting the California DMV to request a hearing on your license suspension to get an extension of your temporary license.

You need to understand the urgency and importance of acting quickly. Because of this urgency your TixNix attorney will normally order your police report and set up your DMV hearing the same day you hire them. This helps if you are anxious to see the report, which contains the police accusations and blood results.

TixNix attorneys also regularly appear in court on the clients' behalf, thus saving them valuable work time, not to mention embarrassment. Most of TixNix attorneys’ DUI clients are first-timers and are vigorously defended. Further, most of their DUI clients come as a referral from satisfied clients who were in the same predicament and were pleased with their defense.

First Offenders

Generally, what you, as a first offender will receive for a DUI (VC23152) in Northern California:

California law states that:

• Blood alcohol concentration illegal limit is 0.08%
• A first offense can result in an administration license suspension for 6 months
• Driving privileges (to and from work for example) can be restored after 30 days
• Penalties include interlock & forfeiture (seize your car and sell it)
• Both drivers and passengers are not permitted to have an open container of alcohol

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—Court & DMV

These two ACTIONS 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 found not guilty in 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.

As of October 2005, upon receiving notice from the court of a California DUI conviction (23152) the DMV is suspending licenses for 6 months (see DMV notice). 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. Download APS TIME LINE.

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.