You Need The Barba Difference, Because You Can't Afford To Plead Guilty.

DUI FAQs

Find Answers to Frequently Asked Questions about DUI in Palm Springs

Most people have many questions after they are arrested for DUI. If you’re facing charges, you likely want to know what comes next. What penalties will you face? Will you lose your driver’s license? Will you have to go to jail?

At the Law Offices of Manuel J. Barba, we can answer all your questions and address any concerns you may have. Browse our DUI FAQs to learn more about how the DUI criminal process works in California or call our Palm Springs DUI lawyer for a consultation. Every situation is different, so it is crucial that you speak with an attorney about your case.

Contact us online or by phone at (760) 205-3011 to learn more about how our firm can help you with your DUI defense.

  • What will happen after I’m arrested for DUI?

    You are now facing two completely separate and distinct proceedings that occur with every alcohol related DUI arrest:

    • The DMV will work to suspend your license.
    • The District Attorney will begin a case to prosecute you for criminal charges in county criminal court.

    The good news is that our office has successfully defended numerous clients in both proceedings. Even though both the DMV and Court proceedings arise from the same DUI arrest, each proceeding is independent from the other and each is handled differently. We understand what it takes to defend against the DMV and the Court. The best advantage you can provide to your defense team is TIME. Contact us immediately for an overview of your rights and responsibilities.

  • Why did the arresting officer take away my driver’s license?

    After your arrest, your license was missing and replaced with a pink paper. The peace officer who arrested you was obligated to take your license and notify the DMV of your arrest. The DMV is likely in the process of suspending your license as you read this sentence. You hold a pink 30-day temporary license which will expire and then your driving privilege will be suspended if you do nothing.

    The good news is that our office can contact the DMV on your behalf and request a hearing and a temporary license while we defend you at the DMV and in Court. The window of time to contact the DMV to request a hearing is SMALL—you only have 10 days from the date of arrest. Call us now at (760) 205-3011 so we can contact the DMV immediately and begin your defense.

  • Will my driver’s license be automatically suspended?

    The DMV assumes guilt and does not establish a hearing for you to defend yourself; they just suspend your license. Once the DMV is made aware of your arrest, they start the paperwork to suspend your license and do not automatically provide a hearing for you to defend your driving privilege.

    The good news is that our team can contact the DMV on your behalf and schedule an administrative hearing for you to defend your driving privilege. You will receive another temporary license in the mail from the DMV before the pink temporary license expires. You will be able to continue to drive normally until the DMV hearing process has been completed and the DMV issues their ruling—the Findings and Decision.

  • What are the penalties for DUI in California?

    The penalties for DUI at the DMV for each person vary based on different factors. The DMV can impose different consequences for all different types of cases. Some drivers are eligible for temporary licenses after varying levels of time while others not at all.

    The good news is we can provide a detailed explanation of what to expect at the DMV hearing based on your specific situation. We have also successfully defended against all types of cases. Contact our team now and we can explain how we can defend you.

  • What if I am under 21?

    The DUI process is different for underage drivers (those under the legal drinking age of 21). If caught driving with a blood alcohol concentration of 0.01% or more while under the age of 21, penalties can be more severe.

    The good news is our team can successfully defend drivers that are under age 21 in Court and at the DMV. To learn more about how we can assist drivers in this situation contact us immediately; time is crucial as you only have 10 days from the arrest to preserve your DMV hearing rights.

  • Can I refuse to submit to a chemical test?

    If you refuse to submit to a chemical test (blood, breath, urine, etc.), your options for a restricted license may be limited. If you refused a chemical test after you were arrested, both the Court and the DMV will work to impose more severe consequences on you. The good news is that we can defend you in a chemical test refusal case both in Court and at the DMV. Our understanding of these unique type of cases allows for us to provide you with a high-level defense.

  • Why did I have to sign a paper promising to appear in court?

    Typically, after being arrested you will be released on your own recognizance (OR) after spending a few hours in jail. In addition, you will be given a Notice to Appear. In most cases, you must sign the Notice to Appear, promising to appear in Court on the date indicated. This is referred to as a “cite and release,” which is how most DUI cases are handled. The Court date is your arraignment hearing, which is your first court appearance.

    The good news is you still have time for a professional DUI defense team to prepare a strong defense and appear in court for you. In most cases you will not have to appear. Contact us immediately and we can let you know what to expect in your upcoming court case.

  • Should I plead guilty?

    Pleading guilty at the arraignment means the District Attorney doesn't have to prove its case against you. If you plead guilty at the arraignment hearing, you will be convicted of the crime of DUI and punished at that time. This is usually not a smart thing to do as you have not seen any of the evidence at this point.

    The good news is we can appear in Court for you, enter a not guilty plea on your behalf (you may not have to be present at the arraignment), and then investigate the facts of your case and analyze all of the evidence that the District Attorney has against you. We can analyze the arrest report, chemical test results, and any audio/video recordings that exist, as well as other evidence. What most people don’t realize is that it is not illegal to drink alcohol and drive a car! It is only illegal if you are driving while under the influence of alcohol and/or drugs, or it is illegal to drive with a BAC of 0.08% or more. The District Attorney must prove the case against you with reliable evidence beyond a reasonable doubt. We are highly skilled in DUI defense and can start working on your defense now.

  • What if the District Attorney doesn’t file the complaint against me by the date on the Notice to Appear?

    The District Attorney may delay filing the complaint against you in court. Occasionally the District Attorney’s office does not file a complaint listing the charges against you by the date indicated on the Notice to Appear that was given to you at the time of your arrest. This is not uncommon and usually happens because the District Attorney’s office is behind in its work. In a misdemeanor case, they have one year from the date of arrest to file the complaint listing the charges against you. In a felony case, three years.

    The good news is our office will track the progress of our client’s case by monitoring the Court’s records to see when the complaint is filed by the District Attorney. In addition, if the District Attorney has not filed a complaint by the scheduled arraignment date, we will have the Court Clerk date stamp the Notice to Appear as evidence that we appeared on or client’s behalf, thus satisfying the promise to appear.

    Our office advises our clients if no complaint has been filed when we appeared at the arraignment. We also calendar any new Court dates and advise our client once a complaint has been filed.

  • Will I have to appear in court in person?

    Depending on your case, your attendance at court appearances may or may not be mandatory. There are some circumstances that your appearance in court may be required such as: having prior DUI convictions, having an auto accident with injuries, or if the prosecutor is asking that bail be set due to the facts of your case. If your case has charges that are felonies, your appearance in court is required.

    One of the benefits of having private counsel is that we can make the court appearances on your behalf. In many cases the Court Clerk handles the pre-trial appearances, so the judge never deals with the case. You will not be looked at by the court or prosecutor any differently if you do not appear, nor will it affect the outcome of your case.

  • Do I have to attend AA or NA meetings as a result of my DUI arrest?

    Occasionally, because of prior DUI convictions or a high blood alcohol concentration allegation, the judge will require you to attend a certain number of AA (Alcoholic Anonymous) or NA (Narcotics Anonymous) meetings. If this is the case, you will be required to provide proof of attendance of those meetings to the court at each court appearance. Our staff can provide your proof of attendance to the court when required, saving you time and peace of mind.

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