A DUI conviction in California triggers an automatic license suspension, the length of which depends on several factors. The Notice of Suspension is mailed from the DMV to the driver’s residence of record. The mere mailing of this form is rebuttable proof that the driver had knowledge that his or her driver’s license was suspended because of a DUI. Although a driver can get a restricted license by enrolling in an Alcohol program and filing an SR-22 with the DMV, there is always going to be some period of suspension unless your Orange County DUI Lawyer can get the DUI charge reduced to a wet reckless.
So, once your license is suspended, how are you supposed to get to work, to school, drop the kids off, go about your life? Well, Orange County DUI lawyers know that as far as the Orange County District Attorney and the California DMV are concerned, that is entirely YOUR problem. Some drivers turn to the Orange County bus system, which many of my clients say is pretty good. Other clients convicted of DUI, DUI drugs, or DUI with injury take to the bicycle. This works well for people with no kids and a short ride to work. But many people whose license has been suspended for a DUI or after a DMV hearing simply continue to drive and keep their fingers crossed. If you are one of these you should at least know the risks of what you are doing.
California Vehicle Code section 14601.2 deals with driving with a license that has been suspended because of a DUI. This section sets the punishment and it mandates a MINIMUM ten days in the Orange County jail. It also gives the judge the authority to impose up to six months of jail time. Any DUI Lawyer in Orange County will tell you that a judge almost never imposes more than the ten days, but the ten days are absolutely mandatory. However, in my experience, there are plenty of judges in Orange County that will impose ten days of Caltrans instead of actual time in the Orange County jail. But Caltrans, although far better than jail time, is no picnic either. It is hard, physical work picking up trash on the sides of the Orange County freeways.
Section 14601.2 goes on to say that if you have a previous conviction for driving on a suspended license of any kind within five years of being caught driving on a suspended license because of a DUI, then the minimum jail sentence must be 30 days, with a maximum of one-year. Again, DUI Attorneys in Orange County will tell you that the maximum is rarely given but the 30 days is firm and there is no way around it. Moreover, on a second offense, judges in the Orange County courts are far less likely to allow the sentenced to be served as Caltrans labor and actual jail time will often be imposed.
For a free telephonic consultation with an experienced DUI Lawyer in Orange County call The Law Offices of EJ Stopyro at (949) 559-5500. Or visit our website at www.EJEsquire.com. Our office locations are: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675
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