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California DUI defense lawyerIf you were recently arrested for an alleged DUI, you might be concerned about what happens next. You may also be wondering what this might mean when it comes to your license. Rest assured: it is possible to fight back against the DUI charges and your California license suspension. Learn more with help from the following information.

What Happens to Your License?

When an officer arrests an individual under the suspicion of drunk driving, they are required to immediately forward a copy of the driver’s license to the California Department of Motor Vehicles (DMV). The license of the driver may be immediately confiscated, and the officer may issue a temporary license and an Order of Suspension. Upon receipt of the Order of Suspension, the driver has up to 10 days to request an administrative hearing with the DMV. However, the driver may continue to drive using their temporary license for up to 30 days. 

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Posted on in Criminal Defense

Santa Cruz DUI defense attorneyA “wet reckless” is the only crime in the Penal Code for which one cannot be arrested. Over an inch and a half thick, the Vehicle Code (not the Penal Code, which metes out punishments for yet other crimes) proscribes everything from no front license plate to vehicular homicide. Yet a “wet reckless” exists only as a tool to plea bargain DUI cases - it is not a crime one can commit unless one agrees to the prosecutor and judge using it to amend a complaint alleging a DUI case.

Specifically, allowing the complaint to be amended from a VC 23152 to a VC 23103 per 23103.5. Vehicle Code section 23103 makes reckless driving unlawful; adding the 23103.5 means it was reckless “with alcohol involved.” The big difference between a 23103 (mere reckless, or “dry reckless”) and a 23103 per 23103.5 (wet reckless) is that a wet reckless can be used against you as a prior should you be arrested and convicted of a DUI in the future. 

For many people, a wet reckless is viewed as a huge win. For others, it is viewed as no big deal (or even capitulating to a loss). Realistically, whether it is good in a certain case depends on the facts of that case and the individual accused. It does not directly lead to a license suspension, which for some saves a job. Still others don’t need a license, or don’t care about their right to drive (think folks who live in San Francisco, folks who have a driver, folks who are leaving the country, etc.). In most cases, it is only the first step in trying to save driving privileges, as the DMV has a separate process where they will try to suspend one’s driving privilege - but if one’s ability to drive is paramount, it could be an important first step. There are also reduced fines, classes, and “jail” time (put in quotes as very few, if any, folks go to actual jail for a first offense DUI conviction these days).

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