Arrested for DUI in California: The Frequently Asked Questions Answered

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DUI Questions

In most cases, getting arrested for DUI in California is the only contact an average person will have with the criminal justice system. As both DMV and the local Criminal Court are involved in the process, many people get lost in the labyrinth of often conflicting information.

It’s not easy to face these charges alone, which is why you need to have a reputable attorney like the Monder Law Group by your side during the process. This way, you’ll have an experienced professional guide you through every step of the process.

In this article, we’ve compiled some of the most common questions people have after a DUI arrest in California and tried to give a clear answer.

Can I Get My Impounded Car Out?

If you were arrested under the DUI charges alone, getting your impounded car back from the police will not be a problem. You’ll just need to pay the storage and release fees. Don’t forget to bring proof of ownership and insurance.

However, you should know that your car can be held as evidence after a DUI arrest. If the police are investigating other crimes apart from the DUI (like hit and run or drug possession or transportation), the car may be put on “evidence hold”. Being charged with drug transportation can complicate the process, as you can learn here: https://www.monderlaw.com/pratice-areas/driving-offenses/dui-with-drugs

Is My Drivers License Suspended After the Arrest?

The answer is no. Your driving privilege is still valid for 30 days after a DUI arrest. After being released from jail you will receive a temporary license, known as the pink paper. This document serves as proof of driving privilege and a reminder to request a DMV hearing 10 days after the temporary license was issued.

Once you request a DMV hearing, the administrative suspension will be stayed or delayed. This depends on the outcome of the hearing. Therefore, your driving privileges are valid until the hearing is finished, no matter how long it takes.

Is My License Automatically Suspended after I’m Arrested?

It doesn’t have to be. In order to have your license suspended, you need to be a convicted criminal or lose the hearing. When you’re released from custody, you’ll receive a notice of your court date along with the pink paper. There’s no fixed rule as to when the hearing will be held, but it usually occurs a month after the arrest.

Therefore, you won’t be convicted or lose your license immediately. However, the DMV can suspend your license if you fail to request a hearing 10 days after the arrest. If you don’t your license is going to be suspended for 30 days from the date of the arrest.

Will I Receive a Copy of the DUI Arrest Report Prior to the Trial?

The police report and any evidence the police has against you won’t be released until the hearing. However, a skilled criminal attorney may be able to obtain the evidence and a report prior to the trial. However, they cannot obtain the copy of the report by filing a request. However, if you were involved in a collision when you were arrested for DUI, your attorney can obtain the collision report. However, this report won’t disclose any information regarding your DUI charges or the related investigation.

Do I Need To Hire a Criminal Attorney?

The DUI law in California is complicated and navigating all the rules can be complicated, especially with both the DMV and the court involved. An experienced attorney will be able to challenge all the evidence against you and present your defense to both the court and the DMV.

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