California DUI and DWI Legal Questions

Any sanction depends on the Judge. If you have an attorney contact them immediately and request they schedule a court date. If it has been long time some Judges issue a Bench Warrant; if so most Judges rule you will some time in Jail. One day in jail for each day you are late in reporting to the court. If you do not have an attorney notify the Judges office and beg to be placed on the schedule.... Read More

The court has almost certainly issued a bench warrant for your arrest. Sheriffs don't go out roaming the county seeking to execute these warrants: if you were stopped for a traffic offense, for example, they would discover it and take you in. Sooner or later, though, they would want to clean out the file of warrants, and they'd get you then. Of course, you should retain a lawyer. But lawyered up or not, you should be able to call the Clerk of Court for the county where you were supposed to appear, explain that you missed the court date for [whatever the court appearance was for] and you'd like to come in and take care of it very soon. The clerk will either tell you to show up on a certain day and time, or else have you contact the District Attorney's office to set up a new appearance. Sometimes they insist you come to the courthouse and receive a notice of the new date and time 'in hand,' so you an never deny that you knew the new date. Good Luck.... Read More

We plead not guilty for pretty much everyone. After all, worst thing you can get is a DUI. So, sure, you have good cause to plead not guilty - especially if you were drinking after you left the car. Pleading guilty does not mean you will be found not guilty. Most people who plead not guilty eventually plead guilty to something. If you told the cop you were the driver and had not been drinking since you got out of the vehicle - well, the Police have a good case against you because in California there is no need for a "wheel witness" and the courts will look at the totality of the circumstances in determining your guilt.... Read More

Well, maybe. First, you don't need a good or bad case for pleading Not Guilty. You are entitled to enter such a plea if you want to do so. As to prevailing in court, you should consult an experienced criminal or OWI lawyer, who can review the facts in much greater detail than can be done on this ste. Good Luck.... Read More

In California if you are arrested for DUI and the police think your BAC will be .08% or more they take your driver's license away and mail it for destruction with the DMV. At the same time they issue you a PINK temporary license good for 30 days. If you call the DMV within 10 days you can get a DUI hearing which usually will extend your temporary license at least until you receive the results of that hearing which usually gets you an additional 30-45 days of driving before your license gets suspended. When the DMV suspends your license it will be a 4 month suspension that starts either after the 30 day pink temporary runs out or after you lose your DMV hearing. The first 30 days of the 4 month suspension is called the "hard suspension" by a lot of DUI laywers because this is the 30 days you cannot drive. After the first 30 days of the 4 month suspension you can get a RESTRICTED LICENSE from the DMV if you show you are enrolled in a DUI class and if you have SR-22 insurance and pay the $125 fee. Whether or not you have pled guilty or gone to court on the "CRIMINAL SIDE" of your DUI is independent of your license and your ability to drive. Eventually you may be convicted on the "CRIMINAL SIDE", by the court, after you appear, and plead guilty, and when that happens the court may cause your license to be suspended by the DMV (if it's not already still suspended as part of the 4 month suspension you already have received. If you have a restricted license at that time you will need to pay to "REINSTATE" your restricted license. If you don't have a restricted license - well you can get one after you plead out. So depending on where you are in the process is what determines if you can drive. Technically, your out of state license is not valid if your California privileges have been suspended. If the police did not know about your California license they may not have taken it away and it may have bought you more time.... Read More