Cases I Handle: DUI (Driving Under the Influence)
Call 805-723-0711
When you are arrested for DUI, you are faced with fighting battles on two fronts.
- In court, where you can be punished with probation, fines, and jail time, and
- At the DMV where your license can be suspended for months
I can fight both of those battles for you and have done so on behalf of many clients with great success.
You only have 10 days from when you were cited or arrested to contact the DMV to schedule your hearing. If you wait too long, you lose the right to a hearing and there is nothing you can do about your license suspension.
If your license is suspended, I can help you obtain a restricted license so that you may continue to drive.
I spent 25 years as a prosecutor handling DUI cases. Working on the “other side” gives me the type of insight about what the DA, the judge, and the DMV hearing officer are up to that you won’t find with any other lawyer available to hire.
I can go to court and the DMV for you so that you don’t have to experience the embarrassment and nervousness of trying to take care of these stressful matters yourself, and so that you don’t have to miss important commitments like work and school.
Call me ASAP. There is no charge for our first conversation, which will be kept strictly confidential.
Review from John: February 5, 2025
Mr. Krautt recently handled my DUI case. He did an incredible job representing me. Having worked in the legal field myself for over 25 years, I have worked with few attorneys that meet the professionalism, expertise and personal care shown by Mr. Kraut in my matter. I would strongly recommend his
Matthew Kraut on YouTube
Find these and more at https://www.youtube.com/@MattKraut
DUI FAQs (Frequently Asked Questions)
What should I do immediately after a DUI arrest in California?
1. If your car was towed and impounded, go to the tow yard right away and pay to have it released. The meter on its storage will be running and the longer you wait to get it back the higher the bill will be.
2. Contact me for help. 805.723.0711. I won’t charge you anything to answer your questions over the phone. The next steps you take are really important and you will need my help to take them correctly.
What is the 10-day DMV deadline after a DUI arrest?
You have 10 days following your DUI arrest to contact the DMV and request a hearing on the issue of its intended suspension of your license. If you don’t, you lose the right to a hearing for good.
What happens at a DMV DUI hearing in California?
These hearings are conducted by a DMV hearing officer. They are not judges and they are not lawyers. They are DMV employees with some training that other DMV employees don’t have. The hearings are usually conducted by phone. The hearing officer introduces exhibits into the record at the hearing, usually the police report from your arrest, your driving record, and other DMV related documents that the officer that arrested you completed. You, or your lawyer on your behalf, then have the opportunity to present evidence to rebut those exhibits. This evidence can be testimony from you or a witness or an expert witness. After all the evidence has been received into evidence, the hearing officer takes the matter “under submission” which means he or she takes time to consider all the evidence and then gives a decision. They have to notify you and your attorney within 15 days of the hearing. If you win, no license suspension. If you lose, your license will be suspended.
Is a DMV hearing different than the court hearing or trial on my DUI case?
Yes, it is a separate proceeding at which the only issue is your license suspension. There is no consideration of probation, jail time, or fines as there is in court. In fact, the DMV hearing officer is not at all concerned with what has or will occur in court. It is an entirely separate proceeding.
Do I need a lawyer for a first-time DUI in California? How does a DUI lawyer actually help my case?
The old saying is “a person who represents himself or herself in a case has a fool for a client.” This is true because, unless you are a lawyer like me with vast experience handling DUI cases, you are going to make critical mistakes in your case that can make your consequences worse and cost you a lot of money if you try to handle your case on your own. If you hire me, I will make sure that all the evidence available is copied and sent to me and thoroughly reviewed. I can also attend your court and DMV hearings so that you don’t have to miss work, school, or social functions. There is a lot more I can do for you that will relieve you of the stress and obligation of trying to handle your DUI case on your own which I will tell you about in a phone call to 805.723.0711.
Can I keep driving while my DUI case is pending?
In most cases yes. Until your license is suspended by the DMV you may continue to drive without any restriction on your driving privilege. And, even after a suspension occurs, you can obtain a restricted license to drive during the time your license is suspended in most cases. If it’s your first DUI, those restrictions are either to drive only to and from work and while at work if necessary or to drive only if your car has an alcohol breath testing device installed in it that will only allow your car to start if you blow into and you have no alcohol in your system.
Can I go to jail for a first-time DUI in California? Are there other consequences besides jail?
Yes, a court conviction for a first-time DUI subjects you to a maximum potential jail sentence of 6 months. Most people don’t get that much time, but it is a possibility. The other consequences generally include a fine of more than $1,000, an obligation to complete a DUI education class, and a license suspension.
How long does a DUI stay on my record in California?
There is no established expiration date for a criminal conviction, including a DUI conviction, after which the record of the conviction is deleted from a person’s record. In DUI cases, a conviction is “priorable” which means that it can make future DUI cases will be punished more severely because of the prior conviction. DUI convictions are “priorable” for 10 years, which is measured from the date of arrest in the first case to the date of arrest in the second.