IF YOU HAVE BEEN ARRESTED FOR DUI, YOUR DRIVER'S LICENSE WILL BE SUSPENDED AUTOMATICALLY IF YOU DO NOT REQUEST A DMV HEARING WITHIN 10 DAYS OF YOUR ARREST.
Fight a suspension on your California driver's license!
If you have been arrested for DUI, you must request a hearing with the California DMV within 10 days of your arrest to avoid an automatic suspension!
Our office can request the hearing for you immediately.
The California Department of Motor Vehicles (DMV) is the administrative agency that governs the issuance and suspension of your California driver's license (CDL). To fight to preserve your driver's license after a DUI arrest, you must have an Administrative Per Se (APS) hearing at which you may argue against suspension of your license. The hearing is completely separate from the criminal courts, the burden of proof is very low, and because it is not a court proceeding, the rules of evidence are not strictly applied. For these reasons, it is important to hire an attorney who is knowledgeable and experienced at handling DMV hearings.
If you are successful at the hearing, the DMV will not impose a suspension on your license, however if you ultimately plead to a DUI in the criminal court, the DMV will receive notice of your court conviction and will suspend your license anyway. This makes it very important that you have an attorney experienced in dealing with both DMV hearings and DUI cases in court. If you are successful at the DMV hearing, you must avoid pleading to a DUI in the criminal court to avoid a suspension of your license.
RESTRICTED DRIVER'S LICENSE
You may be eligible to apply for a restricted driver's license, which would allow you to drive to, from, and during the course of employment during the suspension period. You must apply for a restricted driver's license; it is not automatically granted.
If you are on DUI probation, you cannot drive with more than .01 blood alcohol level. If you are on probation for DUI and you are arrested for a separate DUI offense, the DMV will suspend your license for 1 year if you lose the DMV hearing.
If you refused to take a chemical test, the DMV will suspend your license for 1 year. •A second offense within 10 years will result in a 2-year revocation. A third or subsequent offense within 10 years will result in a 3-year revocation.
UNDER 21 YEARS OLD
If you were under 21 years of age at the time of the DUI arrest and you had a blood alcohol level of .01 percent or above, the DMV will suspend your license for 1 year.
DRIVING UNDER THE INFLUENCE OF DRUGS
The DMV does not automatically suspend your driver's license when charged with DUI involving drugs (prescription or otherwise), as it would if alcohol is involved. A conviction is required for the suspension to take place. This makes it more important to have an experienced DUI defense attorney working for you to avoid a conviction on your record.
CALIFORNIA DMV DRIVER SAFETY OFFICES
Admin Per Se (APS) hearings for DUI offenses are not held at local DMV offices. APS hearings are held at DMV Driver Safety Offices located throughout California. You must request a hearing at the DMV Driver Safety Office that covers the area in which you were arrested. If you retain our office to represent you, we will schedule and handle the hearing for you.
For information on potential court penalties, fines, and jail time, click here.
Do's and Don'ts after a DUI arrest:
DON'T wait to request a DMV hearing;
DON'T try to handle the DMV hearing yourself;
DON'T let some DMV employee tell you not to bother! (They are not attorneys licensed to practice law and should not be dispensing legal advice, and they do not even know the facts of your case!)
DON'T represent yourself or assume you have to plead guilty in court (advise givers may mean well, but they do not know the facts of your case);
DO hire a experienced DUI attorney as soon as possible;
DO request a DMV hearing within 10 days of arrest;
DO contact our office immediately for a FREE CONSULTATION.
CALL NOW: (888) 348-7288
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