Frequently asked questions


DUI Questions


How do I get my license back after it's been suspended?

Under what circumstances does the DMV have jurisdiction to give you a suspension?

How long will your license be suspended for?

What determines how long the second license suspension will be?

Can I get my license back sooner?

When can I get a restricted license after it has been suspended?



Expungement Law Questions

Can I clean up my record with the expungement process?



Marijuana Laws

Do I still need to get a medical marijuana card in California?



General Questions

Do I really need an attorney?



DUI Law Answers


How do I get my license back after it's been suspended?


On a first time DUI offense in California there are ways to reduce the amount of time your license will be suspended in the event that your blood alcohol level was above .08.



Under what circumstances does the DMV have jurisdiction to give you a suspension?


Each DUI case is different but in a basic first time offense case the DMV has the jurisdiction to suspend your license if your blood alcohol level was .08 or above. This would be your first suspension. In the event that your level is below .08 or it's only drugs the DMV does not have the jurisdiction to give you a suspension. There are ways to reduce this time explained in this video.



How long will your license be suspended for?


If your blood alcohol level was above .08 and it was your first DUI offense the DMV will suspend your license for four months. This is the first suspension you will see. There are ways to reduce this time explained in this video.



What determines how long the second license suspension will be?


If you are convicted in court of a DUI, the amount of time that your license will be suspended the second time is based on what your blood alcohol level was. Typically, the suspension is either six months or ten months. There are ways to reduce this time explained in this video.



Can I get my license back sooner?


There are ways to reduce the amount of time your license was suspended before and/or after your conviction. This process requires taking a course from the DMV, showing proof of insurance and making a request. More about the DUI process is explained in this video.



When can I get a restricted license after it has been suspended?


After the first suspension it is possible to get a restricted license from the DMV after 30 days in the state of California. Click here to learn how to get a restricted license.




Expungement Law Answers


Can I clean up my record with the expungement process?


You can clean up your criminal record. There is a process called Expungement which allows your attorney to go back to Court and ask the Judge to dismiss your case. A person who has successfully completed probation can have the accusations against him dismissed and will be released from all penalties and disabilities resulting from the offense. Learn more about the Expungement process here




Marijuana Law Answers


Do I still need to get a medical marijuana card in California?


The passage of Prop. 64 to legalize adult possession and cultivation of recreational marijuana in no way impinges on the rights of medical marijuana patients under Prop. 215.

Patients with a state ID card are exempt from sales tax in dispensaries under the new law. Learn more about the new California DUI laws here




General Answers


Do I really need an attorney?


Many people think that simply because they are innocent that they don't need an attorney. The court system is an adversarial system. The DA represents the government and have no obligation to tell you if there are holes in your case or weaknesses in the evidence or whether the police violated your rights or made mistakes. The only person in the system who is on your side is your defense attorney. So the answer is YES, you do need a lawyer. Learn more about why you need an attorney here