This video covers the nine most frequently asked questions about what happens after a DUI. It discusses the procedures at the DMV level, the court process, and the penalty phases, including probation. Additionally, it provides details on how to obtain a restricted license following a DUI.
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Website: Orange County Criminal Defense Attorney | Law Office Of Hieu Vu
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Law Office of Hieu Vu
18002 Irvine Blvd #108
Tustin CA 92780
"Music: www.bensound.com"
For more information: https://vulawoffice.com/dui/first-dui-offense-in-orange-county/
Website: Orange County Criminal Defense Attorney | Law Office Of Hieu Vu
Linked in: https://www.linkedin.com/in/hieuvulaw/
Twitter: Hieu Vu (@Hieuvulaw) on X
Facebook: Law Office of Hieu Vu | Tustin CA
Instagram: Instagram (@hieuvuesq)
Yelp: Law Office of Hieu Vu - Tustin, CA Appointments: https://live.vcita.com/site/criminallawyer Phone or Text - 714-589-3063
Law Office of Hieu Vu
18002 Irvine Blvd #108
Tustin CA 92780
"Music: www.bensound.com"
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LifestyleTranscript
00:00You just got arrested for DUI. You have a ton of questions. You're not sure which ones is the most important.
00:07We're gonna go over
00:09nine frequently asked questions that you want to know the answer to on your DUI. Stay tuned.
00:30My name is Hiroo. I'm an attorney here in Southern California. I've handled thousands of cases with DUIs. Of all these
00:47consultations and throughout my experience, there's always the same questions that pop up over and over again. If you're watching this video,
00:55chances are you have these questions
00:57lingering around as well.
01:00Stay tuned. We're gonna go over your top nine questions of what happens when you get arrested for a DUI.
01:05Be sure you stick around to the end of the video to get my expungement checklist. The expungement checklist helps clean your criminal records
01:12so that way when you apply for jobs, you can say that you have not been convicted. If you have a question,
01:18feel free to leave a comment below.
01:20If you're too shy to put your question out there for the world to see, you're more than welcome to reach out to us.
01:26Okay, so for the first one,
01:28can you drive
01:30after being arrested on a DUI? The answer is yes, you can drive. There are exceptions.
01:38The exception is if you wait after the 30 days, then your license would be suspended.
01:45So,
01:46you have to be careful that once you get arrested,
01:50you'll have your pink temporary license.
01:53They'll take your real license away and give you the pink one. This pink one lets you drive for 30 days.
01:59Afterwards, it'll be suspended.
02:01You'll want to request the DMV hearing to continue driving. Depending on the jurisdiction,
02:07some counties will give you 60 additional days, others will give you 90 days.
02:12It's very county specific. The second one is will your license get suspended after a DUI conviction?
02:20Yes, and this is even if you have served your DMV conviction. For example, if you've been convicted and
02:28then after you've served your four month of suspension, you still have to do additional
02:35suspension. That means that the court and the DMV are separate.
02:39So, that is something you have to look out for and you want to run your
02:44court suspension and your DMV suspension as close together as possible to avoid any kind of duplicate suspensions.
02:53But the short answer is yes, a
02:56court conviction will trigger a suspension.
02:59Restricted license. Can you get a restricted license on a first DUI in California? The answer is yes,
03:05you can get one. There are two types of restricted license.
03:09The first one is with IID and the second one is without IID.
03:14Either one
03:17will let you drive. The only difference is the scope of it. On a
03:23non-IID license, you have to wait out 30 days before you can apply for the license. On the IID one,
03:31you can get it immediately.
03:33Both of them have the same components. You have to have an SR-22.
03:37You have to be enrolled in at least an AB-541 or three month alcohol course.
03:43The tricky thing is you may not know what kind of alcohol course you need, but you need to enroll in an alcohol course first
03:51voluntarily and then later if the court says six or nine months, you can switch it over.
03:56So, the short answer is yes, you can get a restricted license. This is premised on a first DUI and
04:05it's not a
04:07suspension involving a refusal and
04:09also that you are over 21.
04:12The next one is what types of penalties am I looking at for a conviction on a DUI in California?
04:20Typically in Orange County and LA County, you're looking at three years of probation. If there was no accident,
04:28you're not looking at any type of jail time. If there was an accident, there may be jail time if there was injuries.
04:34However, at least in Orange County and LA,
04:37you are not looking at any kind of significant jail time if there was no injury.
04:43If there was
04:45property damage only,
04:47you're at exposure for jail time, but for what the case is worth,
04:53it's going to end up as some kind of Caltrans with jail time hung over your head.
04:59Particularly in Orange County,
05:01you are looking at
05:03giving up your DNA. The prosecutors will want to put your DNA into the database,
05:09so that way they can mine it for information to see whether or not you have
05:13done any crimes in the past or
05:16maybe some of your relatives have committed crimes. The next question is how long does a DUI stay on my record for?
05:24A DUI stays in your record for indefinitely. This can mean 10, 15, 20 years.
05:30However,
05:31you can expunge it. The next question you should ask is
05:36how long after conviction can I expunge my DUI?
05:40The most
05:42lawyerly answer I can give you is right after probation. Probation is three years.
05:47Given that you do not mess up probation, after three years you can come back,
05:52reopen the case, and dismiss it.
05:54By expunging it, it gives you the advantage of having to not answer for it on job applications.
06:00The next question I get asked all the time is what happens on my first court date?
06:04Now in Orange County, your first court date is called an arraignment. An arraignment in Orange County is a chance for you to
06:12admit or deny the charges. When you go over to Westminster Court, Fullerton Court, or whatever,
06:18you wait in line, you go into the courtroom, you most likely watch a video.
06:22The judge will let you know what your rights are and they'll give you a
06:28how would I say this, disclosure that they are also a victim in a case.
06:34And on top of that, they'll let you know your rights and then they'll let you know how the process works.
06:41Basically though, it's a chance to
06:44look at the judge and say not guilty or guilty. And then after that,
06:50the next court dates are going to be pre-trials or other chances to set motions on your case.
06:56Pre-trials are fancy ways to say
07:01negotiations.
07:03Typically, pre-trials will be about 30 to 40 days out.
07:07If you find yourself at an arraignment and
07:11you need more time to consider whether or not you want a lawyer or not, it's okay to ask the judge
07:19if you can have 30 days to go out there and find a lawyer and come on back. The next question
07:25I get asked all the time is how much time
07:28do I have to do for my DUI classes?
07:31Because the truth is there are
07:3412 hour classes,
07:36three month classes,
07:38six month,
07:40nine months, and 18 month class.
07:43However, for getting a restricted license on a first DUI, you need a three month class.
07:49Now, if you are getting a restricted license on a second DUI, you're looking at 18 month class.
07:55So in a nutshell, if you've had a DUI before,
08:00within 10 years, you're looking at enrolling in a 18 month class.
08:04However, if you are looking at enrolling in classes for a restricted license and your
08:12court case has not resolved yet,
08:14you want to get a three month alcohol course. Then after that, you can switch it over to the six or nine months if needed.
08:25However,
08:26to put things into perspective,
08:29if you are over 0.20, you're looking at a nine month class.
08:34For blood level between 0.15 and 0.19, you're looking at a six month class.
08:40Between 0.08 and 0.15, you're looking at a three month class.
08:46For
08:47dispositions of cases where DUI gets turned into a reckless, you're looking at a 12 hour class.
08:53The next question I get is
08:56do you go to jail for a first time DUI?
08:59And this is the part that bothers me about my practice. A lot of times you're not gonna go to jail on your first time DUI.
09:07At least not in Orange County and LA County. And this bothers me because a lot of my
09:13colleagues will come out there and say, well, you know what?
09:15You can go to jail for six months.
09:18Technically, it's true.
09:21However, it's not something that you push on people because it just doesn't happen.
09:26For example,
09:27you go to the dentist's office, you sign a waiver because you're gonna get a
09:33filling. The, you know, the filling can have adverse effects on
09:39like, you know, if you have some kind of reaction. You can die. So you have to sign that waiver.
09:44Theoretically, yes. However, it's not like you're gonna go in the office and say, hey, you're gonna die.
09:49You have to take action. So I think that part of my profession is fairly sleazy.
09:55However, given that
09:57you don't go to jail for your first time DUI
10:00unless you have the speeding enhancements,
10:04you have a refusal,
10:07or you did
10:10hit and run with property damage or just a collision. Those things expose you to jail and it doesn't
10:17necessarily mean that you're going to jail. It means that there's work to be done and it's often, more often than not,
10:23with the right representation and the right
10:27bobbing and weaving, those things can be dismissed.
10:30Finally, the last one. How can I fight against a DUI in California?
10:35There are so many ways to go about this.
10:39Every case is fact-specific.
10:41You look at the stops, you look at the breath machine, you look at the blood, you look at the audio and video,
10:49and other times you may just lag out the case.
10:53Officers are not always great as well. They get in trouble. Things happen.
10:59Every case needs to be looked at. On top of that, blood goes bad.
11:04Machines aren't perfect. In addition,
11:09alcohol moves through a person's body. What you are at the time of testing does not mean you were that at the time of driving.
11:16For example, you can be 0.12 at the time of testing,
11:20but the state has to prove that you are 0.08 or more at the time of driving.
11:27Alcohol doesn't just sit in your system at a 0.12.
11:31When you drink alcohol, you may be
11:35lower and then the alcohol moves through your body and gets distributed out and go higher at the time of testing.
11:41That's what they call a
11:43rising blood alcohol defense. On the other hand, if you have alcohol inside your stomach and
11:50it hasn't been digested yet and you use a breath machine, the alcohol does have the potential to
11:57magnify the breath test three or four times, especially if you just recently drank alcohol.
12:03This is what they call an absorption defense.
12:07On top of that,
12:09breath machines are also not perfect.
12:12Hollister
12:13says that breath machines are inherently broken and if you blow hard enough, it gives variable results.
12:21There's new lines of defenses coming out.
12:24Finally,
12:25everybody's body is different.
12:28There's breath partition ratios, which means that the lining in our lungs that connects the air
12:35with our blood is
12:372,100 to 1. That's not the case with everybody. And in addition,
12:42when alcohol machines pick up the breath, they're assuming that your
12:48partition ratio is going to be 2,100 to 1. That's not the case with everyone. There is no average person.
12:55An average person in this world is a Chinese woman,
13:0120-something year old Chinese woman. That's not everybody.
13:05When you're calculating partition ratios for blood alcohol,
13:10the blood alcohol machines will read differently.
13:14The blood alcohol levels that are used by the breath machines are calculated to
13:192,101. These are a few of the ways that you can fight a DUI case and these are the top nine questions.
13:25Don't forget to stick around to the end of the video. I'll give you a link to my free expungement ebook. The ebook will help you
13:33clear your criminal records. That way, when you apply for a job, you can say that you've never been convicted. In short, a
13:40DUI, at least the first one in California, is not going to be the end of the world.
13:45It's important that you don't freak out. Take things a step at a time.
13:49Understand that it's not an open and shut case. There are several ways to look at this.
13:54The worst thing you can do is go to court all freaked out.
13:58You take things a step at a time. If you're watching this video right now, you're doing the right things. You're doing your homework.
14:05Keep at it. If you have doubts or let's say for instance, you have anxiety,
14:10it's never a bad thing to go out and reach out for counsel or advice.
14:15Call an attorney for consultation.
14:17Ask them about the local courthouse and what goes on. These are all good questions to ask.
14:24As promised, check out my link below. I'll leave the link down there for you.
14:29You can go there, download your free expungement ebook. On top of that, I'll also leave a link for my DMV
14:37request
14:38page, the same one that we use for our office and also subpoenas.
14:42So that way you can get audio or video on your case.
14:45If you like this video, hit the thumbs up button for me.
14:48It pushes my video up on the Google rankings. On top of that, hit the subscribe button and then
14:54also
14:55any feedback, leave it down below. If you have questions, leave it down there as well.
15:00I'll do everything I can to answer your questions.
15:03Thank you so much for watching.