DUI conviction, DMV hearing question.

[nicfarr]

What is the name of your state? CA
I received a DUI on 11NOV06 in Irvine CA. I went to court 8DEC06 and pled guilty and recived the minimum sentence.

$1,500 in fines, 3 years informal probation, 3 month level 1 first offenders alcohol program.

I was convicted on one count, M 23152 (a) .. driving under the influence of alcohol. Count two, 23152 (b) .. Driving with a BA of over .08% was dismissed.

My BAC was .16 BR.

I chose to plead guilty to the DUI because I didn’t want to bull**** my way out of it. “Do the crime, do the time.” type thing.

Anyway my question is regarding the DMV hearing. I set up a telephone hearing and it is to take place 15DEC06. I am wondering if there is any way to retain my DL, or at least what the best defense would be. I have two jobs, one is a privet contract position which requires me to drive.

I am also in line to get a city job, Irvine of all places. I must have a valid DL for that job. I have some leeway, a few months before the position is open but not much time.

Is there any hope to retain my DL through the DMV hearing?

I also noticed I am getting charged $37.00 DUI Lab/Blood fee, I never gave blood. Do I owe this money or is it an error?

Last question, my auto insurance is valid till April. Is this still the case? Did my auto insurance get drop when I was convicted?

Thank you in advance for any help.

-Nicholas

[BigMistakeFl]

I doubt your insurance was cancelled. Rather, your carrier will possibly eventually raise your rates and make more money from you. This may take time. Check into the method used to get a "hardship" license in your state. This is when you can get a very restricted license (work, grocery store, school or church), that you can use during your suspension. You should stay completely away from alcohol during your suspension and probation, if applicable. It's not worth the risk.

There may be a "hard" suspension for some period during which you cannot apply for nor use a "hardship" license. In my state, that's 90 days of no driving under any circumstances, meaning you get very friendly with your bike.

[nicfarr]

I know there is a customary 3 to 4 month suspension of your license upon first conviction in CA. I believe after enrolling in the DUI class I can petition for a restricted license to get me to/from work as well as class.

Trust me I don’t plain on driving with any amount of alcohol in my system. Truth be told, (and I bet it has been said by every DUI recipient), it is not my normal behavior to drink and drive.

My question was more directed toward a DMV defense, best if any method to minimize damage and possible preserve my DL. I know the Court has no power over license rulings in the state of California; my judge was fair with the punishment and said if it was up to him I would keep my DL but alas, it is out of the courts hands.

[BigMistakeFl]

I can only speak from my state and what my attorney told me going in to the DMV hearing, that most times the DMV clerk sides with the arresting officer(s). According to my lawyer, rarely do they overturn the cause for the arrest / suspension. The reason we requested the DMV hearing was to get a temporary license, sort of put the case on hold until that hearing. It actually did little other than delay the inevitable. The up side was that my lawyer collected all the evidence the prosecution would have at that DMV hearing, so he got a jump start on the case.