Department of Motor Vehicles DMV and Driving Under the Influence DUI DWI

Protect your Rights at the DMV

DMV Hearings - The process and procedures 


David Lehr Law

No matter what else that you do, make sure that you request a DMV hearing within ten days of your arrest. We have had clients who called us after their ten-day period was up. We won their court cases, but they still lost their driver’s licenses to the DMV.

When you are arrested for DUI , the arresting officer will nearly always take your permanent driver’s license and give you a “pink sheet” for a temporary license. This temporary license will expire thirty days after the date of your arrest, leaving you unable to lawfully drive. It is possible to avoid suspension of your driver’s license, but only if you request a DMV hearing within ten days of your arrest – and only if you present a successful defense at the DMV hearing.

Once you request a DMV hearing, the DMV will send you a “white sheet” that replaces your “pink sheet” temporary driver’s license. Your white sheet will allow you to continue to drive pending the outcome of your DMV hearing. During the hearing, the DUI defense attorney will present all available arguments for restoring your permanent driver’s license. 

A drunk driving charge can result in the loss of your license, financial ruin, family problems and even termination of your employment. It is important not to give up hope or try to fight the charges alone.

Going it alone is never recommended. There are many legal and technical aspects to DUI that require legal training to navigate. 

A lawyer for DUI can challenge the cause of arrest, the procedures involved, and any mitigating circumstances. 

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California Lawyer David Lehr DUI DWI DMV Driving Drugs Impaired

California  LAW FIRM  DAVID LEHR LAW

David explains some of the details of how a DUI can affect you and how the process works.

Driving under the influence of drugs or alcohol is dangerous. It is responsible for a large number of accidents every year, often involving serious injuries, significant property damage, and death. As a result, the associated criminal charges can be severe.

Of course, not all DUI cases involve significant harm, and not all DUI cases actually involve DUI. Moreover, even when individuals may have engaged in conduct classifiable as DUI, they are entitled to a vigorous defense, and they are entitled to protection from unjustified and unlawful actions by prosecutors and police. 

Your driving privilege, standing in the community, employment and freedom depend upon your timely action.

The stakes are high in DUI offenses. California's penalties are more severe than in many other states. Arrests have increased 14 percent in recent years due to increased awareness and patrols. However, conviction is far from automatic in most cases.

An arrest on a DUI felony or misdemeanor charge is a traumatic experience that can send shockwaves through many areas of your life. The embarrassment, shame and repercussions to job and social standing are the same no matter whether this is your first or subsequent arrest. 

 
 

Whenever such a situation arises and you are facing a DUI felony charge, do not hesitate to get someone on your side that is willing to fight hard for your rights.

DUI is typically classified as a misdemeanor with several important exceptions.

If a driver is convicted for the fourth time for driving under the influence charges within a span of ten years, it is considered a felony DUI. A felony is punishable by imprisonment in a California prison, with sentencing depending on a number of factors.

• If a driver has other DUI convictions from one or more states, then additional drunk driving charges can end up result a DUI felony. This is especially true if someone is killed or injured by a drunken driver who already has DUI convictions inked into their record.
• If the driver of a vehicle is under the influence of alcohol and drugs and violates traffic laws, commits an illegal act while driving, or causes an accident with injuries, then this act bumps the DUI over to the felony column. On the other hand, if an accident occurred, but was not due to the fault of the drunk driver, then only misdemeanor charges may be applicable.
• When the driver of a commercial vehicle, which requires a class A or B license, has a blood alcohol content (BAC) of 0.04 percent or more and consequently causes an injury or injuries by neglecting any duty which has been imposed by the law then the crime becomes ratcheted up to a felony.
• If a driver is convicted of a felony drunk driving, subsequent convictions face stiffer penalties. The state of California shows little mercy for these offenses and a highly experienced criminal defense lawyer is a must.

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