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DUI Questions

What will happen to my license if I am arrested for a Santa Barbara DUI?

If you are arrested in Santa Barbara for a DUI and carry a California Driver’s License the arresting officer will confiscate the license and give you a temporary license. This temporary license will last for 30 days from the date it is issued. During that 30 days you are allotted full driving privileges. However, once the 30 days following your Santa Barbara Drunk Driving arrest has expired your license will be suspended for four months. This four month suspension is a hard suspension which means no driving. After 30 days of this four month suspension you can obtain a restricted license which allows you to drive during the course of work and to and from an alcohol program. Receiving a restricted license extends the limitation for 2 months. Thus on a restricted license you will serve 5 months of limited driving after a Santa Barbara DUI arrest.

How can I save my license if I am arrested for a DUI in the Santa Barbara area?

The DMV allows you ten days from the date you are arrested for a Santa Barbara drunk driving incident to contact the Driver’s Safety Branch and request an Administrative Per Se Hearing. This hearing, commonly referred to as an APS, is conducted by a hearing officer and yourself or the attorney that you hire to represent you. Evidence can be presented regarding the validity of the arrest, the validity of the chemical and field sobriety tests performed and the probable cause. Your character or need for a driver’s license will not be considered following an arrest for a Santa Barbara DUI. If you request an APS hearing within the ten days, a stay will be put on the automatic suspension allowing you additional time with full driving privileges.

Should I do any field sobriety tests if I am pulled over for a Santa Barbara DUI?

While under California implied consent law, all California licensed drivers are required to submit to a chemical blood, breath or urine test if arrested for suspision of a DUI, field sobriety tests conducted prior to an arrest for a Santa Barbara DUI are not required. Field Sobriety Tests are notoriously unreliable indicators of a persons sobriety if they are pulled over suspected of drinking and driving in Santa Barbara. FSTs, as they are commonly referred to, are not mandatory if you are pulled over for a Santa Barbara DUI. This includes the PAS (Preliminary Alcohol Screening) breath device administered prior to an arrest for suspicion of Santa Barbara drunk driving. An arresting officer generally uses a PAS breath test to determine if a suspected Santa Barbara drunk driver is over the legal limit.

If I am arrested for a Santa Barbara DUI what will I be charged with?

If you are arrested for a Santa Barbara DUI you will likely be charged with two counts. The first count is violation of Vehicle Code Section 23152 (a) driving under the influence of alcohol and/or drugs. The second count is Violation of Vehicle Code Section 23152 (b) driving with a BAC of over .08%. It is important to remember that after an arrest for a Santa Barbara DUI two distinct actions will be triggered: one through the DMV and one through the court system. Each will impose distinct restrictions resulting from an arrest for a Santa Barbara DUI.

Will I be sentenced to jail for a Santa Barbara DUI?

While county jail is a possible consequence of a first offense misdemeanor Santa Barbara DUI, a competent Santa Barbara DUI attorney can likely get this requirement dismissed. Often, a trained Santa Barbara criminal defense lawyer will work with the District Attorney to reduce or dismiss a number of mandatory sentences following a conviction for a Santa Barbara Drunk Driving Offense. However, if it is a second or subsequent Santa Barbara DUI offense or a felony Santa Barbara DUI offense the likelihood that the court will require jail time is greatly increased. Whether it is a first or felony Santa Barbara DUI offense it is vital that you contact a skilled Santa Barbara DUI Law Firm to represent you at court and through the DMV.

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The information on this California DUI Attorney / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
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