Being arrested for Driving Under the Influence (DUI) of drugs and/or alcohol is a traumatic experience.
DUIs have far reaching consequences that affect more than just your criminal record. Aside from facing criminal fines, community service, alcohol programs, and even possibly jail time, you can also face severe consequences to your job and reputation. Contact the Law Office of Cole Williams and speak to a skilled DUI attorney that can help you navigate the pitfalls in any DUI case.
Unlike most crimes, where you are only facing the prosecuter, if you are accused of a DUI, you have an additional case to handle. The District Attorney’s Office is charged with prosecuting your criminal case. However, you have a separate case pending in front of the Department of Motor Vehicles (DMV). The DMV is responsible for your driver’s license and if you ignore this case, your license will automatically be suspended. At the Law Office of Cole Williams, your attorney will fight both cases for you.
Important things to know about your DUI:
YOU ONLY HAVE TEN (10) DAYS FROM THE DATE OF YOUR ARREST TO CONTACT THE DMV or your driver’s license will AUTOMATICALLY be suspended. Your attorney from the Law Office of Cole Williams will contact the DMV to save your driving privileges throughout the entire DMV process.
- ADMINISTRATIVE PER SE HEARING (APS)
The APS hearing is scheduled with the DMV and is where your attorney has the opportunity to argue against the suspension of your driver's license.
There are three (3) issues in play during an APS hearing:
1. Did the arresting officer have probable cause to believe you were driving under the influence?
2. Did the officer place you under lawful arrest
3. Were you driving with a blood alcohol concentration (BAC) of 0.08% or higher?
The hearing officer must find all three issues satisfied before suspending your license. If your attorney is successful at the APS hearing, your license will not be suspended.
While success at the APS hearing does not guarantee that your criminal charges will be dropped, it is an enormous bargaining tool with the DAs office when negotiating the reduction in charges or possible dismissal of your case.
- CRIMINAL CHARGES
If charged with a DUI, the DA will likely prosecute two separate offenses under California Vehicle Code §23152. CVC §23152(a) prohibits driving under the influence of drugs and/or alcohol while CVC §23152(b) prohibits driving a motor vehicle with a BAC of 0.08% or higher.
Even if you have a BAC of less than 0.08%, you can be found guilty of a DUI, so contact the Law Office of Cole Williams immediately so that we can start your defense today.