You may have been arrested for driving while under the influence, and the penalties, probation and court days are a large hassle as it is. If the fines, probation and jail time were not harsh enough, you may not be aware of your rights and could face even more ramifications as a result of your crime. Whether you were found because of a sobriety checkpoint or because an officer noticed you swerving, you will be issued a pink slip to serve as a temporary license. Upon your arrest, you will be hauled to jail and after a few days will be given a court date, and if you choose to, you can hire a lawyer to help dismiss the charges or minimize the penalties. Even if you are allowed to retain your license, the damage a DUI does to your driving record can lead you to miss out on jobs, be disqualified from a loan, or even lose your job.

Under the Limit—DUI

You may think that because you are below the legal limit that you’ll be safe from being issued a DUI. California law says that it is illegal to operate any motor vehicle after consuming alcohol, and even if you are within the limit, you will still be arrested and have your license revoked. Too much swerving or even the failure to appear coherent to a patrolman will be grounds for a DUI, as you present a hazard to other drivers on the road. Even though you were within the limit, you still will face the same charges as other cases and will require a legal counselor to help reduce the charges or get the case dismissed. You may elect to speak to an Orange County drunk driving attorney or even an Santa Ana DUI attorney, but you must have an attorney present at your Per Se hearing.

Per Se Hearing

The Per Se hearing permits you the chance to explain your actions and functions as a legal hearing to see if your license is to be suspended. It is up to you to schedule a meeting, and if you fail to appear, the DMV will suspend your license, as this displays an admission of guilt. If you do decide to schedule a hearing, you will need an attorney present, and you must request a hearing within 10 days of being arrested.

Probation

The penalties for a DUI for a first-time offender often are fines and probation. However, if you are caught for a second time for a DUI, you will not be given probation; instead, you will receive jail time and/or a suspended license depending on how high your BAC levels are during the time of your arrest. Do yourself a favor, and call a taxi or do not drive if you’ve had too much to drink, as the consequences are not worth the trouble.