If you were arrested for driving under the influence in Orange County and now months later you still haven’t been charged with DUI, you’re probably wondering what is going on. Perhaps three or five months have passed, and you’re not sure what to do. The DA has up to one year to file charges for a misdemeanor DUI, so this happens more often than you might think.
Do you start your DUI classes now, or should you wait until you’re charged or convicted?
We’re going to assume that your driver’s license was taken away and you were served a pink temporary license. If your arrest was due to an alcohol DUI, there are two different things happening.
First, in many counties in California, if a blood draw was done, it can take months for the DA’s office to get the results of the blood test back. The DA’s office is waiting on these results to make a decision whether to file, especially if they suspect that drugs may have been a factor.
Second, for those arrested for an alcohol-related DUI and the arresting officer suspects a BAC of .08% or higher, the DUI suspect may receive an administrative suspension of their driver’s license for 30 days following the arrest if the person failed to request a DMV hearing.
Applying for a Restricted License
Those arrested for DUI can wait out their 30 day hard suspension then apply for a restricted license, however, the best thing for one to do in this situation is contact an experienced Orange County DUI attorney who can determine the best course of action.
If you’re waiting for charges to be filed against you, you can apply for a restricted license after you have served the 30 day administrative suspension, but there are other things that you should do in the interim: you’ll need to figure out which DMV documents are needed to enroll in the right DUI class, and you’ll need to obtain an SR22.
If your BAC results come back at less than .08%, there are steps that you can take to avoid a license suspension and a DUI conviction in criminal court. If you were arrested for DUI, you don’t want to take a “wait and see approach” because it’s always better to be proactive. The best thing for you to do is contact a lawyer in the county where you were arrested.
Law Offices of Virginia L. Landry, Inc.
Arrested in Orange County? Call the Law Offices of Virginia L. Landry, Inc. to schedule your free case evaluation today. Our lead attorney is a Board Certified expert in DUI defense and a member of the National College for DUI Defense. Don’t risk your future – contact our office without delay!