DUI

What About my Driver’s License?

After an arrest for Driving Under the Influence (DUI), if you blew over the legal limit (.08) or refused to blow, the Department of Motor Vehicles (DMV) normally takes away your driving privilege. This is an entirely separate process from the court. The DUI ticket usually serves as a hardship (aka; Business Purposes Only) license for up to 10 days. During that time, you may be able to apply for an extension of your hardship license (by waiving a formal hearing) or for reinstatement of your full license (through an administrative hearing on the suspension).

Defending a DUI Charge:

An experienced attorney can attack a DUI based on:

  • Lack of driving or control of the vehicle
  • The unlawful stop of the vehicle
  • Lack of probable cause for field sobriety exercises
  • Improperly administered field sobriety exercises
  • Lack of probable cause for arrest
  • Violation of the Accident Report Privilege
  • Improperly administered breath test
  • Improperly requested blood test
  • Breath test machine failures
  • Toxicology: expert witness to testify to blood alcohol
  • Reasonable doubt

Depending on the defense case and prior criminal history, the case may be eligible for a diversion program (resulting in a dismissal), a reduction to a reckless driving, or even a dismissal.

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Visit our Appointments Page to schedule a consultation regarding DUI Charges.