Long Beach DUI Defense Lawyer

First

The 10-day DMV deadline

The pink sheet handed over at the arrest is both a temporary licence and a notice that the DMV intends to suspend. Under Vehicle Code 13558(b), a hearing must be requested within 10 days of receiving that notice. Miss it and the suspension takes effect without any hearing at all, regardless of what later happens in court.

The administrative case is separate from the criminal case and is decided on different questions: whether the officer had reasonable cause, whether the arrest was lawful, and whether the person was driving with 0.08 percent or more, or refused testing. A person can win in court and still lose their licence, or the reverse. Refusing a chemical test carries its own consequence: a one-year suspension under Vehicle Code 13353, rising to two years where there is a qualifying prior within ten years, and it applies even if the criminal case is dismissed.

Sources: Vehicle Code 13558(b) — a hearing must be requested within 10 days of receiving the notice of suspension; Vehicle Code 13353.2 — administrative suspension at 0.08 percent or more, and 0.01 percent under 21; Vehicle Code 13353 — one-year suspension for refusing a chemical test, two years with a qualifying prior within 10 years.

The penalties

What each offense number carries

Priors are counted over a ten-year window, and a wet reckless under Vehicle Code 23103.5 counts as a prior within it. A first offense carries 96 hours to six months in county jail and a fine of $390 to $1,000, plus assessments that multiply the real figure several times over, a three or nine month alcohol programme, and a licence suspension. A second within ten years carries 90 days to a year; a third carries 120 days to a year and a designation as a habitual traffic offender.

A fourth DUI within ten years is a felony under Vehicle Code 23550, and so is any DUI following a prior felony DUI under Vehicle Code 23550.5. It is worth correcting a common misunderstanding: a felony DUI is not a strike. It does not appear on the serious or violent felony lists. A DUI can become a strike only where injury was caused and great bodily injury was personally inflicted on a non-accomplice.

Ignition interlock requirements apply to most DUI convictions in Los Angeles County, and the court and the DMV impose their own conditions separately.

Sources: Vehicle Code 23536(a) — first offense, 96 hours to six months and a fine of $390 to $1,000; Vehicle Code 23540(a) — second within 10 years; Vehicle Code 23546(a) — third within 10 years; Vehicle Code 23550 — fourth within 10 years is a felony; Vehicle Code 23550.5 — a DUI after a prior felony DUI.

The office

How the Law Offices of Patrick S. Aguirre handles DUI cases

The office has defended DUI cases in Long Beach and across Los Angeles County for nearly three decades, in both the criminal court and the DMV hearing. The first step in every case is protecting the licence by requesting the hearing inside ten days, because that deadline is absolute and it is the one most often missed by people who are waiting for their court date.

The office does not describe itself as a DUI specialist or as certified in DUI defense, which in California means something specific under State Bar rules that is not claimed here. Nothing on this page predicts a result. The firm has offices in Long Beach and Downey and speaks Spanish.