Driving Following a California DUI Arrest

Driving Following a California DUI Arrest

Being charged with DUI is typically frightening and humiliating, necessitating immediate consultation with an experienced DUI attorney. When you’ve been arrested for DUI, one of the best things you can do is consult with a DUI lawyer who has experience with cases similar to yours. A significant concern that essentially everybody charged with DUI shares happens when (and if) their driving privileges will be reinstated.

Getting Your Driver’s License Taken

A California Highway Patrol officer or any other police officer must immediately forward a document known as the Notice of Suspension or Revocation, as well as the confiscated driver’s license, to the Department of Motor Vehicles (DMV), along with the officer’s report, as required by California law. A DUI specialist at the DMV will study this form, known as a DMV Form DS 367. This DUI specialist is in charge of updating the Notice of Suspension or Revocation, including compiling a report on any breathalyzer findings, blood test results, and the officer who filed the complaint.

Challenge Your Suspension or Revocation

Following a DUI fee in California, you have just 10 days to request a hearing from the California Department of Motor Vehicles (DMV). During this time, your DUI lawyer will assist you in submitting documentation and any details that the DMV requires. You are entitled to a hearing if the DMV upholds the suspension or revocation in the administrative review process conducted by the DUI specialist. This hearing takes place in front of a DMV hearing officer. Both you and your DUI counsel will formally appeal the suspension or revocation at this hearing. One of the choices available to the DMV is to put the action on hold if they believe it is appropriate. You and your counsel will be able to show or refute facts related to your driving privileges being revoked or suspended. A successful lawyer’s goal is to show that the officer who made the arrest lacked the necessary evidence to satisfy the standard of proof required to revoke or suspend your driver’s license.

Provisional License

Drivers arrested for DUI in California could be given a temporary driver’s license pending the outcome of the DUI charge. If your driver’s license were valid when you were arrested for DUI, this temporary license would typically allow you to drive for 30 days from the date of issuance. A hardship or limited license is not the same as a temporary license.

The Duration of Your Suspension

If you are convicted of DWI or DUI, you will lose the right to drive for some time. While the length of time you can lose your driving privilege varies from judge to judge and is heavily influenced by the ability and experience of your DUI counsel, a first DUI conviction usually results in a four-month loss of your driving privilege. If you have two or more convictions within ten years of each other, your driving privileges will be revoked for a year. Suppose you’re a licensed driver under the age of twenty-one, and your BAC (blood alcohol content) was more significant than 0.01 percent at the time you were arrested. In that case, you’ll have your license revoked for a year without the possibility of getting a restricted license if you’re found guilty of DUI.

DUI or DWI convictions are very disturbing and will be a significant regression for someone with a promising future. Contact a qualified DUI lawyer without delay to review the merits of your case will help mitigate the harm your lives suffered as a result of this severe charge.