California DUI First Offense

Even for a first offense DUI, you could be facing serious criminal penalties. This is why it’s imperative to hire a highly experienced DUI defense attorney. At The Law Office of Eugene Ellis, we take your DUI case seriously because we understand the consequences you’ll face if you are convicted.

In California, those arrested for DUI will face two separate cases. One is with the court system and the other is a civil proceeding with the Department of Motor Vehicles known as an administrative per se hearing (APS). It’s important to understand that even if you win your APS hearing, you can still have your driver’s license taken away in court, so don’t risk not hiring the right DUI attorney to defend you!

Following the date of your DUI arrest, you only have ten days to request a hearing with the DMV otherwise they will automatically suspend your driver’s license. If you request a hearing, it is in your best interest to have your DUI attorney present during this proceeding. Your attorney can speak on your behalf and help fight to maintain your driving privileges.

During the hearing, the DMV will review your driving record to see if you have any prior DUIs and they will also determine whether or not you refused to take a chemical (blood, breath or urine) test. If you refused, your license will automatically be suspended for one year. Those that did take a chemical test will face a four-month suspension with the opportunity to receive restricted license, which allows them to travel to school and/or work.

Before the DMV will suspend your license, they must first determine three things. First, police must have had probable cause to believe you were DUI. Secondly, the arrest must be lawful. Lastly, they will review your BAC test result (if you took a chemical test) to see if you were over the legal limit of .08%. While these facts are being reviewed, your attorney can refute the claims against you and present you as a responsible driver.

Remember to contact The Law Office of Eugene Ellis immediately following your DUI arrest. He can get to work on your case right away and assist you with your DMV hearing.