Your driver’s license is very important for you and your family. Most Californians need to drive to get to work or school, and your life can be turned upside down if you are subjected to a DUI license suspension. You must act quickly in order to recover your license that has been suspended after you are charged with a DUI. The first step would be to seek an experienced DUI defense lawyer to help you through this process. Attorney Elliot Silver has helped many clients during this difficult time, and our firm understands how a suspended license can greatly affect you and your loved ones.
If you would like to speak with a skilled Oakland DUI defense lawyer about your DUI and license suspension, contact Silver Law Firm. Call us at (510) 995-0000.
Criminal License Suspension vs. Administrative License Suspension
There are two ways your license may be suspended after being arrested for a DUI:
- DMV DUI Hearing Process – When you are arrested for DUI, you will be informed that your license will be suspended within 30 days through an automatic administrative process. Your license will be taken by police, and you will be given a 30-day paper license. Additionally, your license will be suspended if you are pulled over on suspicion of DUI and you refuse to give a breath or blood sample, even if you have not yet been arrested.This suspension is an administrative action taken on behalf of the California Department of Motor Vehicles (DMV). The suspension is not a criminal, and it is therefore handled separately from any criminal DUI charges you might be facing. The first step in preventing the long-term suspension of your license involves scheduling a hearing with the DMV in order to argue that the suspension is not justified. It is important to contact your attorney as soon as possible since this hearing must be scheduled within 10 days after notice.
- DUI Criminal Conviction – If you are convicted of a DUI, one of your criminal penalties may be a DUI license suspension. Your license may be suspended for six to 10 months if it’s your first DUI, two years for a second DUI, and up to three years for a third DUI. These suspensions are not automatic and they may be converted to a restricted license that allows you to drive to and from work, to medical appointments, and other necessary locations. Your attorney can negotiate with the prosecutor to obtain no or minimal license suspension for your criminal penalties if you accept a plea agreement.
For a free legal consultation, call (510) 995-0000
Your DMV DUI Suspension Hearing
The DMV hearing to recover your license is completely independent from your criminal DUI case, and it is referred to as an “Admin Per Se” (APS) hearing. Your lawyer can represent you in this process. Representation in the DMV hearing will help you and your lawyer prepare for your upcoming criminal DUI case. While you may have a very compelling story about how a suspension would make your life difficult, your need for your license is not actually an issue at this hearing. The following issues will be reviewed:
If you took a chemical test:
- Did the officer have reasonable cause to believe you were driving under the influence?
- Were you lawfully arrested or detained while on DUI probation?
- Were you above the legal blood alcohol content (BAC) limit? The limit is .08 percent for non-commercial drivers, .04 percent for commercial drivers, and .01 percent for those on DUI probation.
If you refused a chemical test:
- Did the officer have reasonable cause to believe you were driving under the influence?
- Were you lawfully arrested or detained while on DUI probation?
- Were you properly informed of that refusal to take the test would result in a suspension for one, two, or three years?
- Did you refuse the test after being requested to perform it by an officer?
After reviewing these questions, there should be a good idea of whether your rights were violated in some way so as to make your license suspension invalid. Your lawyer has the ability to subpoena the officer and witnesses if their testimony will add valuable information to your case.
The Results of Your Suspended License Hearing
If you are allowed to reinstate your license, you must pay the reissue fee of $125, show proof of insurance, and maintain proof of financial responsibility (an SR-22 Form) for at least three years. Your hearing may also result in a restricted license eligibility for non-commercial use. A noncommercial restricted driver’s license may be issued if the following apply to your case:
- This is your first offense
- You were over the age of 21 years when pulled over
- You did not have your license suspended for another reason
- You completed the chemical test
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Silver Law Firm Can Help If Your License Was Suspended For DUI
The suspension of your driver’s license after a DUI arrest can be complicated and confusing. Reinstating your license requires you to act quickly after being pulled over. A DUI revocation of your license can last for years depending on the details of your case as well as your driving and criminal history. For this reason, it is very important to have a skilled defense lawyer who understands the license suspension process. Our office has experience helping those in your situation, and we know how difficult the loss of a license can be on you and your family.
To speak with a skilled Oakland DUI defense lawyer, contact Silver Law Firm. Call us today at (510) 995-0000.
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