It's hard to believe that you were arrested for DUI in Los Angeles. However, you've got to pick up the pieces and move forward. You must know that your LA DUI arrest created two separate cases -- a case in criminal court, and at the California DMV. Your DMV case is by far the more pressing matter - you must request a DMV hearing within 10 calendar days of your arrest, or risk having your driver's license automatically suspended. It's possible to save your driver's license, but only with fast action. A Los Angeles DUI attorney will fight to protect your driving privileges.
There are two possible outcomes to your DMV hearing that follows your Los Angeles DUI arrest. The first and best outcome is having the DMV hearing officer set aside the revocation or suspension of your driver's license. If this occurs, it means that your DMV case is over and you can go the DMV and obtain a duplicate license at no charge.
The second potential outcome at your DMV hearing is having an administrative per se action imposed, which means that your driving privileges are suspended. In order to suspend your driver's license, the DMV hearing officer must find that three facts have been proven by a preponderance of the evidence - the lowest standard of proof in law. The DMV hearing officer must determine that police had a reasonable belief that you committed a crime, that your arrest was lawful, and that you had a blood alcohol content of .08 percent or greater. If these three facts are proven, your driver's license will be suspended.
The length of your driver's license suspension will depend on the number of prior drunk driving convictions you've had in the past 10 years, and whether or not you submitted to a chemical test to determine your BAC as required by California's implied consent law.
If you're facing a first-time DUI case and took a chemical test after your Los Angeles DUI arrest, you face a four month license suspension and will be required to file a formal proof of insurance (an SR-22) with the DMV for the next three years. You may be able to obtain a restricted license that allows you to travel to work and alcohol education classes, you face a one-month "hard suspension" with absolutely no driving privileges before the restricted license will be granted.
If you submitted to a chemical test but have prior DUI convictions or APS suspensions within the past 10 years, you face a one-year suspension for a second offense, two years for a third offense, and three years for a fourth offense. You also must file an SR-22 and enroll in and complete an alcohol education class that could last from 18 months for a second offense to 30 months for a third or fourth offense.
If you refused a breath, blood or urine test after your Los Angeles DUI arrest, you face much harsher consequences. Your driver's license will be revoked for one year for a first refusal, two years for a second refusal, three years for a third refusal, and four years for a fourth refusal. If the DMV finds that you refused your chemical test, you will have no opportunity to receive a restricted license.
It's important to remember that the DMV can impose additional repercussions if you are convicted of Los Angeles DUI in court. This is a completely separate action from the DMV hearing process. Because of new legislation effective September 20, 2005, the California courts now have no authority to suspend your driver's license - that power now rests entirely with the DMV. The DMV can and will punish you with an additional driver's license restriction if notified of a Los Angeles DUI court conviction.
The repercussions imposed by the DMV after a Los Angeles DUI arrest are harsh, but it's possible to fight for your rights and win at the DMV hearing. Contact a Los Angeles DUI attorney today to speak about your options. An attorney with experience will help you to navigate the DMV process and fight to minimize or eliminate the consequences of your drunk driving arrest.
