www.bortelduid...
Law Offices of Aaron Bortel
4040 Civic Center Drive
Suite 200
San Rafael, CA 94903
650 5th Street
Suite 508
San Francisco, CA 94107
Phone: (415) 886-6333
Text: (415) 799-3419
When you get arrested for a DUI in San Francisco or any of the San Francisco Bay area counties, you do not need to get an ignition interlock device right away. In fact, you're going to get a bunch of mailings and things like that in a lot of these cases from ignition interlock or IID companies. You can chuck all those. You get calls from companies that say, “Hey, we can help you get an interlock and get your license back quickly.” And all this, do not listen to any of them. They are not lawyers, they are not helping you with your legal case in court and at DMV. What happens is you get arrested for a DUI and you have 10 days to request a hearing or you should have your attorney request it within 10 days of arrest. You get a hearing with DMV called an administrative per se hearing. That will extend the 30-day temporary license that the cops had given you when they arrested you for usually many months until we've had a hearing, until the court case is over. These things go on for quite some time.
While all this is going on, you're driving. No restrictions, no to and from work, no interlocks, none of that is needed. Only if you are convicted of a DUI in court, or if you lose the hearing with DMV, the administrative per se, also known as the APS hearing, would you need to deal with some type of a license suspension. Typically, it's four-six months depending on which entity we're dealing with. DMV on its own is four. The court is typically six of no driving and you go from either no driving or you can have an ignition interlock for the period of the suspension. So you will be able to keep driving, keep working as long as it's not a refusal suspension from DMV if you refuse to take a chemical test, if it's a higher alcohol level and you have to do a longer DUI school, then you might have to have an ignition interlock device on for a longer period of time.
The other option besides either no driving or having an ignition interlock device on your car is getting a work restricted license on a first offense. What that basically means is that you would go one month of no driving followed by 12 months of only driving to and from work and work related driving. Some people choose to do that. It would be shorter than that if it were just a DMV hearing loss and suspension if to if your lawyer could win your court case or get charges reduced in court. So that's how that works with the ignition interlock device. Again, Chuck the letters that you get from these interlock companies, they're not lawyers, they're just looking for you to give up your rights without a fight and in the end you may end up having to have these devices on your car longer than anticipated. If your court case doesn't end for a while, you may have to have it a lot longer than six months. That can happen. So talk to a lawyer, talk to a DUI lawyer who knows what they're doing in the San Francisco Bay Area County that you were arrested in.
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13 июн 2023
