In California, what are the driving limitations on your first DUI? 12 Answers as of February 29, 2012

I got charged with a DUI here in California last Saturday. What are the limitations I have to face now with this? This I my first DUI and I had a clean record before this.

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Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
There is a mandatory 30-day suspension upon a first DUI conviction (as long as there was no refusal to submit to a blood, breath or urine test for the presence of drugs or alcohol), as part of what is usually a 4-month license restriction. This will not kick in until either you have a DMV Hearing and are found to have been in violation, or you plead guilty and are sentenced, and the DMV is notified by the Court that you were convicted. You should be sure to notify the DMV within ten (10) days to preserve your right to a hearing. Otherwise, your temporary license will expire thirty days from the day it was issued (the day you were arrested).
Answer Applies to: California
Replied: 12/23/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
When you are arrested for DUI, whether alcohol or drugs, upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license imposed by DMV upon arrest for DUI, which is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled hearing and present your evidence and testimony. If you do not know how to do these things, then hire an attorney that does.

When charged with a misdemeanor like DUI, you face potential jail, fines, license suspension, etc. Effective plea bargaining, using whatever defenses and sympathies you may have, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts and evidence.
Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict you. If serious about hiring counsel, feel free to contact me. Ill be happy to help you use whatever defenses you may have.

If you cannot afford private counsel, apply for the Public Defender.
Answer Applies to: California
Replied: 12/23/2010
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If your blood level more than .08, you have 10 days to request a hearing with the DMV to prevent a 4 month suspension modifiable to a 1 month suspension and a five month restricted license if you enroll in an alcohol program. The issues at a hearing can only be successfully litigated by an attorney. In addition, if you are convicted in court your license will be suspended for 6 months also modifiable to a restricted license by being in the mandatory alcohol program. An attorney can give you detailed advice on all of these options.
Answer Applies to: California
Replied: 12/23/2010
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
You will lose your driving privileges for 6 months but after one month you can apply for a restricted license - driving to and from work and to and from the DUI program.
Answer Applies to: California
Replied: 12/22/2010
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
The answer depends on whether you requested a DMV Hearing, whether you entered a plea, and if you did, what plea did you enter?

Also, you need to be aware of the enhancements. There are two enhancements. A Breath or Blood Alcohol Level of .15 or .20 and above impacts your right to drive differently from a standard first offense.

I would need to know more facts to fully answer this question. Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
Answer Applies to: California
Replied: 12/22/2010
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    It often depends on the strength of the prosecutors and your blood alcohol level. These factors can directly your punishment.
    Answer Applies to: California
    Replied: 2/29/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Both the court and the DMV will go after your license. A court conviction will result in a 6-10 month suspension, while a loss at the DMV hearing will result in a 4-6 months suspension. The two proceedings are completely separate, and while the two suspensions may run concurrently, they may also run consecutively if they begin at different times. Also, depending on what county you were arrested in, a court conviction may require that you install an ignition interlock device on your vehicle(s). Consult a DUI specialist immediately, because the DMV requires timely action (10 days).
    Answer Applies to: California
    Replied: 12/22/2010
    Law Offices of Lawrence Wolf
    Law Offices of Lawrence Wolf | Lawrence Wolf
    If you are successful at the DMV there would be no restrictions on your license at all. Depending upon the result in court there may or may not be any restrictions.
    Answer Applies to: California
    Replied: 12/22/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    You should have been issued a temporary license good for 30 days. There is a way to extend that, and you only have 10 days from arrest to request DMV hearing. Call me at 818-336-1384 to discuss further. Also, my website is 1duilawyer.com
    Answer Applies to: California
    Replied: 12/22/2010
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    If you are convicted, the most typical "driving limitations" are: do not drive with any measurable amount of alcohol in your system while on probation and do not refuse to complete a chemical test when requested to do so by a peace officer. There are many other terms of probation and punishments, but these are the most typical "driving limitations," if that is your question.
    Answer Applies to: California
    Replied: 12/22/2010
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Right now you can drive anywhere you want. You must request a hearing with the DMV within 10 days of your arrest otherwise your license will be suspended for 4 months. You should definitely seek the advice of an attorney. Without knowing more about your case it is hard to give concrete advice. You may have a valid defense.
    Answer Applies to: California
    Replied: 12/22/2010
    The Law Office of Stacey Wolcott
    The Law Office of Stacey Wolcott | Stacey Wolcott
    You face a 6 month license suspension. It is important that you follow the instructions on the temporary license that the officer provided you. You need to request an Administrative Per Se hearing with the DMV within 10 days from your date of arrest. If you do not do this your license will be suspended 30 days from the date of your arrest. By requesting the hearing your license will not be suspended until after your hearing if in fact you do not prevail at your hearing. If you license is suspended as a result of the hearing, you face a 6 month suspension; however, after the first 30 days you are eligible for a restricted license from DMV as long as you enroll in the first time offender alcohol program (AB541), obtain an SR 22 from your insurance company, and pay a reinstatment fee. Please feel free to call my office to schedule a free consultation where we can discuss this issue at more detail in person.
    Answer Applies to: California
    Replied: 12/22/2010
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