Areas of Practice

Driving Under the Influence Arrests

In the State of California, it is illegal to drive with a blood alcohol content (BAC) of 0.08 percent or higher. If you are stopped by a law enforcement officer and the officer has probable cause to believe you are under the influence, then you may be arrested on suspicion of driving under the influence (DUI).

After the DUI arrest, the arresting officer is required by law to immediately give you a copy of the completed notice of suspension or revocation form and seize any California driver’s license in your possession. The officer will thereafter send a sworn report to the Department of Motor Vehicles (DMV). The DMV will conduct an administrative review automatically. This review will include an examination of the officer’s report, the suspension or revocation order and any test results such as blood or breath tests or field sobriety tests conducted by the officer as soon as he or she stopped you.

In some cases, the officer may issue an Order of Suspension and a Temporary License, which will allow you to drive for 30 days from that date. Such a temporary license will work only if you already had a California valid driver’s license and if your license had not already been suspended or revoked.

If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the DMV’s action. You must request a hearing from the DMV within 10 days of receiving the suspension or revocation order. The hearing is an opportunity for you to show that the suspension or revocation is not justified or the evidence presented by the law enforcement officer is not sufficient to warrant a suspension or revocation.

If you are 21 years of age or older and took a blood or breath test and the results showed a 0.08 percent BAC or more, a first offense will result in a four-month suspension and a second or subsequent offense within the next 10 years will result in a one-year suspension of your driving privilege. If you are an underage driver and are found to have a BAC of 0.01 percent or more, your driving privilege will be suspended for one year. If you are 21 or older and refuse to take a chemical test:

• A first DUI offense will result in a one-year suspension
• A second DUI offense within 10 years will result in a two-year license revocation
• A third offense within 10 years will result in a three-year license revocation

If you have been arrested on suspicion of DUI and are risking losing your license, please call an experienced and knowledgeable California DUI arrest attorney at Wallin & Klarich for a free and comprehensive consultation. We will guide you through the DMV administrative process, prepare you for your hearing and fight to get your driving privilege back so you can live life.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing a DMV matter in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-782-5196 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

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