DUI FAQs
Answers from an Experienced Santa Barbara
DUI Attorneys
If you have been arrested for DUI, you are probably somewhat traumatized and embarrassed to be facing criminal charges. You may 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 clients fight against DUI charges. We offer free DMV hearings for all DUI clients. With more than four decades of trial experience, our Santa Barbara DUI lawyers have successfully defended thousands of DUI and other criminal cases. On this page you'll find answers to commonly asked questions about DUI.
In addition to reviewing these, we welcome you to call our offices any time for a free case evaluation.
Will I Lose My Car After a DUI Conviction?
Under California Vehicle Code § 14602.8, for a second DUI offense, 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.
Will I Lose My License?
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 date 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 as possible after your arrest.
For persons 21 or older whose chemical test indicates a blood alcohol content (BAC) of .08% or higher, their 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 refuse to submit to the test, your refusal may 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 Conviction Affect My Car Insurance?
A DUI conviction may cause your auto insurance rates to increase. The California DMV may require you to 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 an insurance representative will see the DUI on your record and increase your rates.
If you have more questions about impaired driving and would like to discuss your case with a Santa Barbara DUI attorney, please call our offices.