The
penalties for a DUI are plentiful and severe. They include jail time in
the Orange County jail, successful completion of an Alcohol program (the length of which depends on
whether you have any prior DUI convictions within the past ten years, what your
blood-alcohol level was, and whether you agreed to take a blood test or breath
test as required by law or refused to take the test), steep court fines
and fees, increased insurance costs, attorney fees to hire an Orange County DUI Attorney (unless you are indigent and qualify for a public defender
or decide to represent yourself after consulting with a DUI Lawyer), and a license suspension.
While jail
time is clearly the worst of these consequences of a DUI, the driver’s license
suspension is a close second. For most first-offense DUIs in Orange County there
is no actual jail time imposed—although there is a potential six-months of jail
time that a judge CAN impose. So for most first-offense DUI defendants the
suspended driver’s license is the worst consequence of the DUI. In fact, after
consulting with their DUI defense Attorneys in Orange
County most people
charged with a DUI are amazed at how long the suspension of their driver’s
license is and how few the exceptions are. Most people assume that because
driving is pretty much essential to making a living and fulfilling one’s
obligations the judge will help them out by allowing them to drive to work,
pick up their kids and do other essential driving.
time is clearly the worst of these consequences of a DUI, the driver’s license
suspension is a close second. For most first-offense DUIs in Orange County there
is no actual jail time imposed—although there is a potential six-months of jail
time that a judge CAN impose. So for most first-offense DUI defendants the
suspended driver’s license is the worst consequence of the DUI. In fact, after
consulting with their DUI defense Attorneys in Orange
County most people
charged with a DUI are amazed at how long the suspension of their driver’s
license is and how few the exceptions are. Most people assume that because
driving is pretty much essential to making a living and fulfilling one’s
obligations the judge will help them out by allowing them to drive to work,
pick up their kids and do other essential driving.
Unfortunately,
the judge is actually powerless to help a DUI defendant get a restricted
license. No matter how convincingly your DUI defense Attorney requests a judges help, none will be forthcoming. While a
judge DOES have the power to tell the DMV NOT to issue a person a restricted
driver’s license—because the judge feels the person is too unsafe and
irresponsible to have one—that same judge has no power over the DMV’s
suspension of a license. In fact, it is the DMV that handles all suspensions of
driving privileges because of a DUI. Any “exception” to the rules regarding
suspension length on early issue of a restricted license must be made through
the DMV. And unfortunately, the DMV officials have NO DISCRETION to grant exceptions.
The length of suspensions is governed strictly by the black and white sections
of the California Vehicle Code.
the judge is actually powerless to help a DUI defendant get a restricted
license. No matter how convincingly your DUI defense Attorney requests a judges help, none will be forthcoming. While a
judge DOES have the power to tell the DMV NOT to issue a person a restricted
driver’s license—because the judge feels the person is too unsafe and
irresponsible to have one—that same judge has no power over the DMV’s
suspension of a license. In fact, it is the DMV that handles all suspensions of
driving privileges because of a DUI. Any “exception” to the rules regarding
suspension length on early issue of a restricted license must be made through
the DMV. And unfortunately, the DMV officials have NO DISCRETION to grant exceptions.
The length of suspensions is governed strictly by the black and white sections
of the California Vehicle Code.
If you have
been arrested for a DUI in Orange County and would like to consult with an
experienced DUI Lawyer in Orange County, call The Law Offices of EJ Stopyro
at (949) 559-5500 for a free consultation. You can also visit us on the web at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.
been arrested for a DUI in Orange County and would like to consult with an
experienced DUI Lawyer in Orange County, call The Law Offices of EJ Stopyro
at (949) 559-5500 for a free consultation. You can also visit us on the web at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.
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