Stockton DUI Lawyer – San Joaquin County DUI Attorney

 

 

Free Consultations – (209) 487-7632

 

 

Stockton DUI Attorney Michael Rehm provides representation on all DUI related matters throughout San Joaquin County, including Stockton, Lodi, Manteca and Tracy. If you have been arrested for drunk driving, or driving under the influence of marijuana, or other drugs, there a couple of basic principles you should understand:

  1. Within 10 days of the arrest, you generally should contact the California DMV Driver Safety Office and schedule an Administrative Per Se Hearing with the DMV. If you were arrested in San Joaquin County, you should call the Stockton Driver Safety Office at (209) 948-7715. If you are not sure if you should do this, maybe you have some concerns about adverse consequences occurring because of setting the hearing, call Michael Rehm or another attorney for advise on this issue, and make sure the phone call is done within 10 days of the arrest, so you did not lose your chance at a hearing.
    1. This DMV hearing has nothing to do with obtaining a restricted license, it is purely to challenge the DUI. The DMV will attempt to take your drivers license twice.
      1. First, if you are convicted of a DUI in court. At that point, it does not matter if you win the DMV hearing, the fact you were convicted in court will lead to driver’s license suspension.
      2. Second, if you lose the DMV Hearing. These DMV Hearings can be won.
        1. That being said, if you lose the DMV hearing and then obtain an acquittal in court, the DMV will “set aside” the DMV suspension and you will get back your drivers license.
        2. Keep in mind, it must be an acquittal, a mere dismissal will not suffice.
          1. All of this is a lot, it is counter-intuitive, many people believe the entire drivers license issue will be handled in court, and that is not the case. It is unfortunately much more complicated than it needs to be, but that is the current law.
    2. Once the DMV hearing is scheduled, the DMV will mail to you, or your DUI attorney, the police report, whenever they receive from law enforcement. You, or your lawyer, will generally receive the report within 2-4 weeks, which normally means your attorney will receive the report before court, which allows for better preparation for the court date.
    3. Once the DMV hearing is scheduled, normally the DMV will “stay” the pending suspension. Once again, the DMV hearing by law needs to be scheduled within 10 days of the arrest. If the hearing is not scheduled, and the BAC is 0.08% or more, the DMV will automatically suspend your drivers license 30 days from the date of the arrest. If the hearing is scheduled with the 10 days, that suspension after 30 days is “stayed.” What this means is that your drivers license will remain valid, assuming there are no other holds, while you are waiting on the outcome of the hearing, or you are convicted in court, whichever occurs first. Generally, due to the congested calendar of the DMV, the DMV hearing will not be scheduled until after the court proceedings are completed, so your license will remain valid while you are dealing with court.
    4. If you receive a Wet Reckless in court, or another lesser charge, you can still lose your drivers license if you lose the DMV hearing. This is a major reason while it is so crucial to set the DMV hearing. If you have a case that justifies a reduction, normally that same argument would apply at the DMV hearing. But you must make sure it is scheduled first, before you can get to that point. There are certain ways to potentially save your license even in this scenario, but it is difficult, and it is much easier just to schedule the DMV hearing within the 10 days, even if it is out of an abundance of caution.
  2. Assuming it is a misdemeanor 1st offense DUI, and possibly even a misdemeanor 2nd or 3rd DUI, your attorney should be able to attend court for you. The court can potentially order you to appear, but it is common practice for private attorneys to appear for their clients in court. Obviously for a trial or contested evidentiary hearing, it can potentially help if you are present, but for routine court dates, or court dates for the sole purpose of plea bargaining, it is once again common practice for the attorney to attend.
  3. Generally, on a 1st offense misdemeanor DUI, where there is no injury, and the only charge is a DUI, the sentence is not actual jail. It can be of course, but in my experience, it is normally always a custody alternative like Sheriffs Work Project, Community Service, or an ankle monitor. So, if this is a first offense, do not have too much anxiety about jail, because it would be an extremely rare sentence.
  4. A misdemeanor DUI does come with informal probation, normally for 3 years. You will not have a probation officer, there will be no travel restrictions, checking in, drug testing or anything to that extent, but you will be on probation nonetheless.
  5. The court will normally order completion of a DUI School. These can be for 3-9 months, 18 months on 2nd and 3rds. You would generally attend once a week for 1.5-3 hours a session. Some schools have you attend twice a week for 1.5 hours each time. You can generally take the school in any county in California you would like. Just because you were arrested in San Joaquin County, does not mean you live there, and most courts understand that.

These are just some of the issues you will be encountering. It can be a great benefit to have an experienced DUI attorney on your case. For more information, or for any questions, call (209) 487-7632 for a free, confidential consultation with San Joaquin County DUI Lawyer Michael Rehm.

 

Stockton DUI Attorney Michael Rehm

110 N San Joaquin Street Suite 10

Stockton, CA 95202

Phone: 209-487-7632