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Impaired Driving FAQs

DUI

If you have been arrested for DUI, you are probably somewhat traumatized and embarrassed to be facing criminal charges. You have many questions about the criminal justice system and what will happen to you as a result of your impaired driving arrest.

At Andrade Law Offices, we help our DUI clients fight against DUI charges. We offer free DMV hearings for all DUI clients. With more than three decades of trial experience, Mr. Andrade has successfully defended thousands of DUI cases. On this page you’ll find answers to commonly asked questions about DUI.

Impaired Driving

Will I lose my car for a DUI?

Under California Vehicle Code Section 14602.8, for a second offense DUI, the arresting officer can impound your vehicle for 5 days if you refuse to submit to chemical BAC testing or if your BAC is .10% or higher. For third or subsequent offenses, your vehicle can be impounded for 15 days. In order to retrieve your vehicle, you will have to pay all fees and storage costs associated with the impoundment.

Contact Andrade Law Offices for a consultation about your DUI case. We have a passion for the law and compassion for our clients. Do not fight DUI charges alone!

Will I lose my license for a DUI?

Your license may be temporarily suspended if you are arrested for DUI. The arresting officer normally will confiscate your license and issue an order of suspension and a temporary license in its place. The temporary license is only good for 30 days. Ordinarily, you have 10 days from the day of arrest to request a DMV hearing to challenge the suspension. The DMV hearing officer will decide whether your driving privilege will be suspended. A suspension will be set aside if you are found not guilty in court of driving with a BAC of .08% or above in violation of Vehicle Code §23152 (b). You should discuss all of your options with an attorney as soon after your arrest as possible.

For persons 21 or older whose chemical test indicates a blood alcohol content (BAC)of .08% or higher, the license will be suspended for 4 months for a first offense and 1 year for a second or subsequent offense within 10 years.

If you are under the age of 21, your license may be suspended for 1 year by the DMV or the court.

You are required by law to submit to a blood alcohol tests under California’s implied consent laws, if you have been arrested for DUI. If you refusing to submit to the test, your refusal will result in:

  • Suspension of your license for one year for a first offense
  • A revocation of your license for two years for a second offense within 10 years
  • Loss of your license for three years for a third offense within 10 years

How will a DUI affect my car insurance?

A DUI conviction may cause your auto insurance rates to increase. The California Department of Motor Vehicles (DMV) may require you to have get an SR-22 certificate, which shows proof of liability insurance required for high-risk drivers to have their driving privileges reinstated. Insurance rates are typically higher for drivers who are required to have an SR-22 certificate because of a DUI conviction.

When you apply for insurance coverage or your auto insurance policy comes up for renewal, auto insurance companies generally check your driving record. If you do not inform your insurance company of your DUI, the chances are good that a insurance representative will see the DUI on your record and hike your rates.

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