VISTA DUI Attorney:
Common DUI FAQ

When will the DMV suspend my license after a DUI arrest?

When you have been arrested for driving under the influence, a police officer will take your license if your BAC is.08 or above on the breath test; you take a blood test for alcohol; you refuse to provide a breath or alcohol test; or your BAC is .01 or higher while you are on DUI probation or if you are under 21 years of age. When the officer takes your license, he then gives you a pink piece of paper that will serve as a notice of your license suspension and as a temporary license for you to use over the next month. If you are not a California resident, the police cannot actually take your license, but if you do not request a DMV hearing within 10 days, you will still lose your driving privileges within the state of California 30 days after your arrest.

Will my court date and DMV hearing date be the same?

No. These are two totally separate issues and will be scheduled on two different dates and in two different locations. The court date is given to you automatically when you are released from jail, assuming you post bail. You must request the DMV hearing within 10 days of your arrest or you forfeit your right to a hearing.

What is a wet reckless charge?

A “wet reckless” is a reduced offense from DUI but It can still be used as a prior if you are charged with a DUI in the future and will result in two points being added to your DMV record. It will result in a lower fine and may reduce the probation period.  The court and DMV record will show a conviction for reckless driving ( with alcohol conditions). The DMV will not take any further action to suspend your license for the conviction but you still face the four month suspension for having a BAC of .08 or above.

What makes a DUI a felony?

Most DUI convictions are misdemeanors, but a DUI can become a felony in two unique situations. The first is if you violated a traffic law or drove negligently and, as a result, another person was injured -even if the injury was minor. The second situation where a DUI can become a felony is when you already had three or more DUIs within the last ten years.

Sometimes, a DUI traffic stop ends with charges for other offenses, such as homicide, having a loaded or concealed weapon, or drug possession. Because the penalties for these charges can be very serious, you should immediately retain a skilled criminal lawyer who is experienced in serious criminal matters as well as DUI. I have tried over 100 criminal cases, and have handled many homicide, weapons, drugs, DUI and felony DUI charges. I can help you. Please call me, Vista DUI attorney Peter M. Liss, at (760) 643-4050 for more information and a free consultation where I can answer any of your questions not covered in this set of DUI FAQ.

What are potential sentences for the SECOND DUI?

On the SECOND DUI conviction (within 10 years) a potential sentence includes attending an alcohol or drug program for 18-36 months; a $390 to $1,000 fine, plus penalty assessments of an additional 180% of the fine; and 96 hours to 1 year in jail.

If probation is granted, the DMV imposes a 2-year license suspension which may end with an ignition interlock device. A 2nd time offense DUI lawyer in San Diego can be critical in helping you to secure these terms.

If probation is not granted, a potential sentence also includes a 2-year license suspension, with no possibility of receiving a restricted license during that time.

With or without probation, your vehicle may be impounded for 12 months, and you will be required to have a ignition interlock device on your car for 12 months.

What are potential sentences for the FOURTH OR LATER DUI?

A FOURTH OR LATER DUI (within 10 years) is almost always charged as a felony, so it is critical you work with a 4th time offense DUI lawyer in San Diego if you have been charged with this crime. A potential sentence includes attending an alcohol or drug program for 18-36 months; a $390 to $1,000 fine, plus penalty assessments of an additional 180% of the fine; and a 4-year license revocation.

If probation is granted, a potential sentence also includes 180 days to 1 year in jail, plus a 4-year license revocation by the DMV which may allow a restriction with an ignition interlock device.

If probation is not granted, a potential sentence also includes up to 3 years in state prison; the exact time will be left up to the decision of the court.

Your vehicle may also be impounded for 12 months, and you may be required to have a ignition interlock device on your car for 36 months.

What happens if you get caught driving when your license was suspended for DUI?

If you drive when your license is suspended or revoked for DUI, on a first conviction for driving on a suspended license, you face 10 days to 6 months in the county jail, and a fine of $300 to $1,000. You will also be required to install an ignition interlock device in your car.

If you are charged with driving on a license suspended due to DUI a second or subsequent time, you will face a minimum of 30 days to a year in jail.

How can a skilled Vista DUI attorney help me?

Because the potential result of a DUI conviction is severe, the quality of your defense is extremely important. A top-rated Vista DUI attorney, who is experienced in handling DUI cases and knows the courts, prosecutors and judges, will be able to present your strongest defense and negotiate for the best results available under the facts and law. To learn more about how I can help you in a DUI case, please see the DUI Defense Overview page.