A DUI arrest results in an automatic driver’s license suspension. Due to California’s automatic administrative suspension, you can have your license suspended by the California Department of Motor Vehicles (DMV) within 30 days of your DUI arrest. This time frame puts the suspension ahead of any criminal trial.
After reviewing your case, a Los Angeles DUI lawyer will explain the process and what you can do about it. Call us today to schedule a consultation.
Losing Your License at the Time of Your Arrest
Every 52 minutes, drunk driving kills one person. In an effort to discourage drunk driving, California has swift and harsh penalties for anyone convicted of a DUI. However, there is an additional layer of penalties for anyone arrested for a DUI charge.
Police officers in California can take your license when they arrest you under suspicion of DUI. However, they aren’t taking away your driving privileges at this stage. Instead, you will be issued a temporary license that expires within 30 days.
If the officer does not take your license at the time of the arrest, you may still be issued a temporary permit to drive by the DMV. However, instead of receiving the temporary permit from the officer, the DMV will mail one to you. It will have a 30-day expiration date, though it will be from the date the DMV handles the request rather than the date of your arrest.
The Administrative Suspension Process Explained
When the officer takes your license and issues your temporary one, that notifies the DMV of your pending DUI charge. This triggers the automatic administrative process, known as the “admin per se” process, which will result in your license getting suspended. The length of the suspension will vary based on your record but can be as much as four months for a first-time offender.
The suspension process has two critical deadlines:
- 30 days from the date of your arrest, when the DMV will suspend your license
- 10 days from the date of your arrest, the last day to request a hearing to contest the administrative suspension
Even if you’re unsure of how you intend to handle the criminal aspect of your DUI, acting quickly is an essential step if you’re looking to minimize the potential impact of the arrest.
Your only chance of avoiding this suspension is to request a hearing with DMV representatives within 10 days of your arrest. You can use the time between the request and the hearing to speak with a DUI lawyer about the unique facts of your case.
How the DMV Hearing Works
The DMV will hold an administrative officer’s hearing rather than a judge or other judicial branch employee. While it is a formal procedure, it is not strictly legal. The DMV will determine whether there is sufficient reason for the administrative suspension and handle evidence the same way a trial would.
However, a DMV hearing can be a vital part of building your DUI defense. In addition to potentially allowing you to keep your license before the official judicial proceedings, the hearing is an opportunity for you to examine the case against you. You can also have an attorney represent you for the hearing, which can be a substantial factor in your favor.
License Suspension Upon a DUI Conviction
In addition to the administrative suspension and DMV issues, a DUI conviction can also result in the loss of your license.
Two factors will determine the length of time you lose your license:
- Your history of DUI convictions
- Other aggravating factors
For first-time offenders 21 and over, you will have your license suspended for four months if you submit to a urine or chemical test. Repeat offenses will come with longer suspensions and can result in a revocation of your driving privileges altogether.
You can also have your license suspended separately from the DUI offense. Refusing a blood, urine, or chemical test after your arrest, for example, can result in a more severe license suspension. You can still have your license suspended for refusing a chemical test, even if you don’t get convicted of the DUI offense.
Timing Is Key to Avoid License Suspension
You have 10 days from your arrest to request a hearing. You must get strong legal representation within that time. License suspension is mandatory in California, and the only way out of it is through this hearing. You don’t want to waste any time building a strong case against suspension.
The sooner you seek professional legal help, the more time your Los Angeles DUI attorney can spend on your case. They will also have access to fresh evidence that can strengthen your case.
Don’t Lose Your License Without a Fight
Getting arrested for a DUI doesn’t mean you have to lose your license immediately. There are many alternatives you have to consider, especially if you’re a first-time offender. Even though the law isn’t on your side, that doesn’t mean that you should give up on your case.
How Can I Fight Back to Keep My License?
The best way to fight back to keep your license is to quickly get your DUI charges dropped or significantly reduced. A lawyer can help you do this by examining your arrest record and other critical pieces of evidence pertinent to your case.
After careful examination, you can fight for your license by showing various flaws in the prosecution’s argument, such as:
- Improper field sobriety tests or faulty testing equipment
- No probable cause for a police officer to have pulled you over
- Lack of any evidence you were operating the vehicle
In these situations, once the court decides your innocence, the DMV will reinstate your license back to you.
Alternatives to License Suspension
There are alternative measures that you can take in place of a license suspension. One way is to get a restricted license that allows you to travel to and from work. To get this, you need to have spent at least 30 days of your four-month suspension first and enroll in a DUI program.
Additionally, you can also obtain a restricted license with an ignition interlock device (IID). An IID prevents you from starting your car if you’re intoxicated. As long as you prove to the DMV the device is installed and you have enrolled in a DUI program, you can drive your car as you please.
Both of these alternatives require a $125 fee. These restricted license options are only available for first-time offenders. Repeat offenders will most likely be denied a restricted license if they apply.
Statistics on DUI Arrests in Los Angeles
The California DMV’s report on DUI arrests in Los Angeles County (LAC) provides insight into a significant trend observed over three years. In 2018, there were 24,642 DUI arrests, followed by 23,529 in 2019 and a further decline to 17,780 in 2020.
This pattern of decreasing DUI arrests suggests the involvement of various factors, one of which may involve potential adjustments in law enforcement strategies to combat impaired driving. Additionally, the downward trajectory in DUI arrests could also be indicative of broader societal shifts and evolving attitudes toward drunk driving.
Speak With a Lawyer About Your License Suspension
Even if you don’t think a lawyer is necessary, you should still get a free consultation first to see your legal options. A good DUI lawyer can help you fight back against any unfair charges and avoid other serious penalties like jail or prison time.
It’s best to speak with a lawyer as soon as possible. Contact us today to get started on an effective defense strategy.