QUESTION

How will I get my license back and will there be jail time if I get arrested for DUI?

Asked on Aug 21st, 2012 on DUI/DWI - California
More details to this question:
I was driving with a suspended license (due to FTA) and got a DUI, how will I get my license back and will there be jail time. This is my first DUI and can’t afford an attorney. I am going to set a court date for my FTA, and will signing up for AA now helps my case?
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6 ANSWERS

You must pay off the fta's and you will have an actual 30 day license suspension. You need to get a public defender, but probably no jail or a few days picking up trash .
Answered on Aug 27th, 2012 at 1:26 PM

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Criminal Defense Attorney serving McKinleyville, CA at Law Office M. C. Bruce
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You are entitled to a public defender, and you need to ask for one at the DUI arraignment. AS for the DMV, they will suspend your license automatically if you don't ask for a hearing on the DUI suspension within 10 days of arrest. Signing up for AA will only impact whether you stay out of custody and typically on a first DUI the court does not take you into custody.
Answered on Aug 27th, 2012 at 1:23 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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You will get your license back when you have served all suspensions and complied with all rules and requirements of DMV, and with all the terms of any sentencing by the court[s]. Yes you face potential jail time, with multiple charges and probation violation. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. If you don't know how to do these things effectively, then hire an attorney that does. When charged with any crime, including your new DUI, new Driving On Suspended, AND new Probation Violation, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. Apply for the Public Defender if you qualify.
Answered on Aug 27th, 2012 at 1:22 PM

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Criminal Defense Attorney serving Calabasas, CA at Law Office of Bernal P. Ojeda
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Get assigned a public defender.
Answered on Aug 22nd, 2012 at 12:51 PM

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If you just got a DUI, you won't be getting your license back anytime soon. Read the pink slip they gave you, and you'll see you have only 10 days to save your license. You better contact a DUI specialist ASAP.
Answered on Aug 22nd, 2012 at 12:51 PM

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DUI Defense Attorney serving San Diego, CA
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You must clear up the FTA first, once that is done you can work on license issues pertaining to DUI charge. If BAC is over .08% or more and you do not have an attorney or request a DMV Hearing within 10 days, they will likely suspend your license on the 31st day after your arrest on suspicion of DUI. They will suspend for four months. Depending on your BAC and if found guilty in Court, DMV will add 2-6 months to the total suspension time on your license. If you have a clean driving record you should be eligible for a restricted license after 30 days hard suspension if certain conditions are met.
Answered on Aug 22nd, 2012 at 12:50 PM

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