Being charged with a DUI doesn’t mean you’re guilty. In 2007, there were 203,866 DUI arrests in the state of California. And of those, 153,348 ended in convictions. So if you get pulled over for a DUI, you might think that it’s pointless to fight the case and plead guilty.

But not so fast. At the Law Offices of Elliott N. Kanter, we’ll take the time to ask the right questions. How much did you drink? How much sleep did you get? Was the officer sloppy in conducting the roadside investigation? Was the testing equipment faulty? With an experienced San Diego misdemeanor DUI attorney on your side, you’ll have a knowledgeable ally. The Law Offices of Elliott N. Kanter will help you deal with both aspects of your DUI charges: the DMV and the court system. The minute your case is entered into the system, the DMV will begin the process to suspend your license. You must respond right away. It’s in your best interests to secure legal representation right away. It’s your freedom. Call the Law Offices of Elliott N. Kanter at 619-330-5881 for a no-cost, no-obligation consultation.


There are many reasons why a DUI case may be dismissed. Here are some common occurrences: The DMV will begin the process to suspend your license. Don’t delay in securing legal representation.

  • Lab Errors: Results of blood tests are often different at different labs. Frequently there is contamination.
  • Roadside Procedures: Law enforcement officers have a standardized set of procedures for roadside investigations. Very often, they do not follow these rules.

What happens when you’re charged with a misdemeanor DUI?

  • The Roadside Arrest: You might be stopped at a checkpoint or if a police car pulls you over on the road. The officer will then ask you to perform some sobriety tests and to blow twice in a handheld breathalyzer. After the arrest, you will most likely be asked to take a blood test or breath test at the police station, jail, or hospital. Please don’t refuse this test. If you do, you may receive tougher DUI penalties or have your license suspended.
  • Dealing with the DMV: If you’re accused of a misdemeanor DUI, you can usually go home within a few hours. If you have a felony DUI you may have to post bail. (And please see our page on felony DUIs.) Upon release you should be given two documents: A citation to appear in court and a pink temporary license. The police will usually take your California driver’s license and mail it to the DMV.
  • The Pink Slip: Your license will be taken away and you’ll receive a pink slip known as an “Order of Suspension and Temporary License.” Once you receive your pink slip, you have ten days to schedule an Administrative Per Se (APS) hearing at your local DMV. We can schedule this appointment and present on your behalf that you were not driving under the influence. When this is done, the license suspension is postponed pending the outcome of the APS hearing.

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At the APS hearing, in order for the DMV to suspend your license, each one of these conditions must be met. Experienced San Diego misdemeanor DUI attorney Elliott N. Kanter will review everything to prove that at least one, if not all three, of these conditions apply to your case:

  1. Was there probable cause for the officer to stop you? Did you violate any laws?
  2. Did the police officer notice enough details to make a lawful arrest?
  3. Was your BAC at the time 0.08 percent or greater?

Within 30 days, the DMV’s hearing officer will issue a decision via mail. If the DMV finds in your favor, no license suspension is imposed (though a DUI conviction in court could trigger a separate suspension). If the DMV finds against you, your license goes into suspension within a few days of receiving notice.

If your license is suspended: If you do get a license suspension, you can usually get a restricted license within 30 days that will allow you to drive to and from work and any court or DMV alcohol program. But if you violate the limits of the suspension, you might be slapped with jail time or a longer probation time.

The arraignment: Your first scheduled court appearance is called an arraignment. At this hearing you will be asked to enter a plea in response to the DUI charges against you. The police report from your DUI arrest and a complaint are also frequently presented to the court.

Reaching a settlement before trial: Often, the matter can be settled before your case ends up in court by you pleading to a lesser charge or agreeing to sobriety counseling. But if your case does go to trial, we will be well-prepared.


The stakes for being charged with a DUI can be high. Every case is different. Subtle facts and details can make a difference in the outcome. The Law Offices of Elliott N. Kanter have over 30 years of experience representing people just like you. So please don’t hesitate to call us 619-330-5881 for a no-cost, no-obligation consultation today.