If you've been arrested for Los Angeles DUI and it's your third drunk driving offense within 10 years, you face serious consequences at the California DMV. The DMV action that follows a Los Angeles DUI arrest is known as an administrative per se (APS) hearing. You have just 10 calendar days after your Los Angeles DUI arrest to request a DMV hearing. If you don't request a hearing within that time period, the DMV will automatically suspend your driver's license.

DMV hearings are complex and technical, and the stakes are extremely high, so it's imperative to have a top DUI attorney fighting for your rights. An experienced Los Angeles DUI attorney will represent you at your APS hearing and fight aggressively to protect your driver's license.

The DMV punishment handed down after a third drunk driving arrest within 10 years will depend on whether you took a chemical test after your Los Angeles DUI arrest. If you took a chemical test after your third-time DUI arrest you face a two-year license suspension and must file a formal proof of insurance (an SR-22) with the DMV for the next three years. You also must attend alcohol education classes. You may be entitled to a restricted license after 18 months that allows travel to work and alcohol education classes.

If you refused to submit to a chemical test after your third-time DUI arrest, you face harsher repercussions. The DMV can impose a one-year license suspension for a first refusal, two years for a second refusal, and three years for a third refusal. A chemical test after a Los Angeles DUI arrest means that you cannot obtain a restricted license. You must file an SR-22 in order to have your driver's license reinstated at the end of the suspension period.

In order to suspend your driver's license after a Los Angeles DUI arrest, the DMV hearing officer must establish three facts - that the arresting officer had reason to believe you committed a crime, that your arrest was lawful, and that your blood alcohol content was .08 percent or greater while driving. An experienced Los Angeles DUI attorney will cast doubt on all of these accusations.

Any punishment handed down after an unsuccessful APS hearing is completely separate from the repercussions of a Los Angeles DUI court conviction. Even though California courts no longer have the power to order your driver's license suspended, the DMV will revoke your driver's license for two years if you're convicted of drunk driving for the third time within 10 years. This suspension is concurrent with, not in addition to, any APS suspension. The DMV also will require the installation of an ignition interlock device and attendance at an 18- to 30-month alcohol education class.

If you're facing a third-time California DUI charge within 10 years, the DMV can suspend your license for a substantial length of time because of either a court conviction or an unsuccessful APS hearing, but both outcomes can be avoided. A lawyer from Lieber, Williams & Labin will use a proven defense strategy to safeguard your rights both at the DMV and in court, and keep repercussions to a minimum.