Should I Start DUI School Before I'm Charged?

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’s up with the District Attorney’s Office?” Perhaps months have passed, and you’re not sure what to do. In fact, you might be downright confused. The DA has up to one year to file charges for a misdemeanor DUI, so this happens more often than you might think.

If you are convicted of DUI, you will be required to successfully complete a Driving Under the Influence Program. In California, there are three DUI Programs: 1) the Wet Reckless Program, 2) the First Offender Program, and 3) the 18-Month Program. To learn more about these programs, you can visit the California Department of Health Care Services’ website. So, do you start your DUI classes now, or should you wait until you’re officially charged or convicted?

Was Your Driver’s License Taken Away?

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 if the person failed to request a DMV hearing within 10 days of the date of their DUI arrest.

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 DUI attorney who can determine the best course of action. We recommend obtaining legal advice before trying to enroll in a DUI Program, AA, or rehab.

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.

Seek the Advice of a DUI Attorney

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!

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