Driver’s License Suspension For DUI Can Be Effectively Challenged
If you are convicted of DUI (CVC 23152), your driving privileges will be suspended for 6 or 10 months by the Department of Motor Vehicles (DMV). In addition to any suspension of your driving privilege, you may face penalties, fines, and other restrictions.
CALIFORNIA DMV recently released statistics revealing that 34% of all suspended driver’s licenses resulting from DUI charges were reinstated in a DMV Hearing. When California Driver’s license suspensions were challenged by qualified DUI attorneys, reinstatement ratios for California DUI-related restrictions increased up to 70%.
DMV Drunk Driving Admin Per Se Hearing
When a drunk driving arrest is made in California, typically a pink notice of suspension and a temporary driver’s license ( DMV Form DS-367) is issued to the arrestee upon release from custody. Attending a driver’s license suspension is a separate matter from addressing the courts on criminal drunk driving charges. Chances of retaining driving privileges are significantly higher if you are represented by a DUI attorney who is skilled in administering the DMV Hearing process and familiar with the unique proclivities of the DMV Officials presiding over your case. It is critical that you request a DMV Hearing within ten days of your arrest, or retain legal counsel to administer this contact for you.
The fact is the DMV bears the burden of proof that your driver’s license suspension is justified. Be aware that unlike hearings in the criminal justice courts, if you neglect to retain an attorney to defend your right to drive, you will not be assigned a Public Defender or an advocate for the DMV Hearing. In that case, you would be at the mercy of DMV Officials. It is, of course, their intention to take punitive and regulatory action against you which has resulted in driver’s license suspensions for many undefended California drivers.
DMV Hearing Objectives
If a complete dismissal of your case cannot be achieved, the objective will be to greatly reduce the charges against you and to minimize the damages of your California DUI arrest and/or Driver’s License suspension. In some cases, complicated by enhancements and previous DUI convictions, it may be that the best DMV resolution for your particular case is a limited driver’s license and a shorter revocation. A San Diego driver’s license suspension will obviously profoundly affect every area of your life, and all efforts must be made to avoid such a loss.
DMV Hearing Request Benefits
A DMV Hearing request will affect an extension of the 30-day temporary CA driver’s license that was issued to you at the time of your DUI arrest. The term for extended driving privileges can be up to several months until your case can be heard. If you have been arrested and charged with drunk driving, and face a potential driver’s license suspension, you have everything to gain by exercising your right to the DMV Hearing, especially when you have a DUI Specialized attorney acting on your behalf.
Restricted Driving Privileges
Generally, you can qualify for restricted driving privileges. During your suspension period, you can drive from and to work and court-ordered programs. During the initial 30 days, known as the “hard suspension,” you cannot obtain restricted driving privileges. However, for the majority of first-time misdemeanor DUIs, you should be allowed to get restricted privileges for the remaining six to nine months of the suspension.
It should be noted that these are the bare minimums. There are some circumstances in which you could face a longer suspension. You should consult with a CA DUI attorney to understand your options.
How Long Do Second and Third DUI License Suspensions Last?
Repeated DUI convictions result in severe punishments. The more prior crimes you have, the longer your license will be suspended. As an example:
- Second DUI carries a 2-year suspension.
- Third DUI carries a 3-year suspension.
- Fourth DUI – 4 years suspension, but you may also be designated as a “habitual traffic offender” and your license may be permanently revoked.
According to California law, all DUI convictions during the last ten years qualify as prior crimes.