DUI License Suspension in San Fernando Valley and the DMV Hearing
When the DMV suspends or revokes your driving privileges, it is done so independently of the courts. A license suspension is an administrative action that is attached only to the person's driver's license. It is not an action taken in conjunction with a DUI conviction.
DUI Driver's License Suspension
Refusing a Breathalyzer or having a blood alcohol content of .08% or higher, may result in the loss of your driving privileges. If you were pulled over and the police officer has reason to believe you have been drinking, they may keep your driver's license. If he chooses to confiscate it, he will give you a formal notice of immediate suspension. This document explains the DMV procedures and how the law works. It serves as a temporary license and will expire in 30 days.
In California, you can challenge the suspension of your driver's license if you were arrested on a DUI charge. To try and stop the suspension you must request a DMV hearing within 10 days of your arrest and the receipt of the temporary license or suspension order. Once your request has been received, an administrative review will be scheduled. If no reason for the suspension is found, your driving privileges will be protected. It is important that your request for a DMV hearing be received by the Driver's Safety Office within the first 10 days after the arrest was made.
If you do not request a hearing, your license will be suspended in 30 days. If you have a qualified DUI defense attorney, they can request the suspension be “stayed” until the DMV hearing is held.
Drivers' License Suspension from a DUI in San Fernando Valley
When you appear at the DMV hearing, the officer in charge will take into consideration the following information and use your answers to determine if your license should be suspended:
Were you placed under arrest?
Did you have a BAC of .08% or higher (under 21 is .05%) while driving a motor vehicle?
Was there reasonable cause to believe you were driving a motor vehicle in violation of sections 23140, 23153 and 23152 of the California Vehicle Code?
If any of the above requirements were not met, the suspension of your driver's license is invalid. If they were satisfied, there is a good chance your license will be suspended. We can help you avoid losing your driving privileges if we can prove that your rights were violated or that the DUI tests were improperly administered by the officer. If, for any reason, we can not stop the suspension, we can work to have the amount of time your suspension will remain in place reduced. We may even be able to obtain for you a restricted license so you will be able to go to and from work.
Losing your driver's license can have a devastating impact on your life. When you hire us to represent you, we will defend your rights and protect your from an unnecessary administrative suspension. As San Fernando Valley DUI attorneys, we have years of experience when it comes to helping others understand their rights. We can help you get through the process and will represent you during your DMV administrative hearing.
For a free DUI consultation, contact the Law Offices of Ross Howell Sobel. Contact us today at 818-582-2350 to find out we can help you avoid losing your license.
Period of DMV Suspensions for DUI Arrests
- 6 months suspension for the 1st DUI arrest
- 2 year suspension for the 2nd DUI arrest within 10 years
- 3 year suspension for the 3rd DUI arrest within 10 years
- 4 year suspension for the 4th DUI arrest within 10 years
What if you refused to submit to the Breathalyzer or blood test?
You will face an Administrative Per Se or APS if you refuse to submit to a Breathalyzer after you have been pulled over for a OVI or DUI offense. California's implied consent law states that if you refuse to submit to a blood test or breathalyzer after being pulled over for a possible drunk driving offense, you can lose your driving privileges for at least one year or longer. If an APS suspension is in effect you will not be able to apply for a restricted driver's license.
Period of Suspension for Refusal:
Drivers over the age of 21:
- 1 year suspension for the first offense
- 2 year revocation if a second offense is committed within 10 years
- 3 year revocation if a third offense (or more) within 10 years
Drivers 21 and under:
- 1 year suspension for the first drunk driving charge
- 2 year revocation for the second offense that occurs within 10 years
- 3 year revocation for the third offense (or more) that occurs within 10 years
If you wish to challenge the suspension of your driver's license you will need to do so immediately after your arrest. Hiring one of our DUI attorneys will greatly improve your chances of winning your case against the DMV.
What is an SR-22?
Insurance companies issue a form known as an SR-22 that verifies you carry the minimum amount of vehicle liability coverage on your vehicle. You must have an SR-22 if you plan on trying to acquire a restricted license to use during the suspension of your regular license. Even if you do not own a vehicle, you must still obtain a “non-owner” insurance policy.
Stricter laws can sometimes be enforced in this situation. The normal filing period for an SR-22 is three years.