In a California DUI case, a notice of suspension is a document that lets you know that your driver’s license will be suspended by the Department of Motor Vehicles (DMV) unless you take immediate action to prevent this from happening. It also acts as a temporary permit.
A Los Angeles DUI lawyer can offer you advice on how to approach this situation. They can tell you exactly what is going to happen and what steps you need to take to secure your future driving privileges.
But first, let’s look at what a notice of suspension is in a California DUI case in further detail.
What Happens When You are Given a Notice of Suspension?
When a notice of suspension is issued, there are several steps that take place. It all starts with a traffic stop. If a police officer has reasonable suspicion to pull you over, they will stop your vehicle and conduct a DUI investigation. Here’s what happens next:
You’re Arrested on Suspicion of DUI
If a police officer believes there’s probable cause that you were driving under the influence, they will likely put you under arrest. This is often based on observations at the scene, failed sobriety tests, and breathalyzer results.
The Notice of Suspension is Issued
If your blood alcohol concentration (BAC) level sits at 0.08% or above, or you refuse to take a chemical test, the police officer will immediately issue a notice of suspension. This means your driver’s license will be suspended and may even be confiscated at the scene. The notice will also act as a temporary permit that’s valid for 30 days.
You Have 10 Days to Act
From the date of your arrest, you have 10 days to schedule a hearing with the DMV to challenge the suspension of your license. If you do not act within this timeframe, your license will be automatically suspended once the temporary permit expires.
How DMV Hearings Work in California
The DMV hearing is separate from criminal court hearings and only deals with the status of your driving license. They will mainly look at three factors:
- Whether the officer had reasonable cause to believe you were driving under the influence
- Whether the arrest was lawful
- BAC test results or whether chemical tests were refused
You will be given the opportunity to present your own evidence and challenge the details of the case. With a DUI lawyer on your side, this is much easier. They know exactly what to look for in terms of test accuracy levels and will argue against any unlawful procedures that may have taken place, protecting your rights throughout.
Administrative Suspension vs. Court Suspension
The DMV handles the administrative suspension through the Admin Per Se (APS) process. If the hearing is successful, you may be able to retain your license. However, there is still the potential for you to lose it again if your case proceeds to court.
Because the APS hearing is completely separate from your criminal court case, it has no bearing on how a judge or jury may proceed in determining whether you were driving under the influence.
If you’re less successful in the courtroom and are convicted of a DUI, the DMV will once again be notified and will have no choice but to suspend or revoke your license. Learn more about administrative suspension and court suspension in our guide.
What Happens if Your Driver’s License Gets Suspended
If you have no luck at the DMV hearing or the outcome of your court case wasn’t what you were hoping for, you will likely lose your license. This means your driving privileges will be suspended.
The level of consequences you face will depend on the specific circumstances of your case. For example, a first-time driver’s license suspension often lasts four months, unless you failed to submit a chemical test, in which case it could extend up to a year.
This could make life a lot harder for you, especially if you rely on your car for commuting to work. And you may face other consequences, such as fines and mandatory education programs.
How a DUI Lawyer Can Help
To fully understand what a notice of suspension in a California DUI case is and what it means for your driving privileges, you need to speak to a DUI lawyer. They can answer any questions you may have and guide you through the hearing process by:
- Making sure all DMV filing deadlines are met
- Handling legal paperwork
- Representing you at the DMV hearing
- Challenging the suspension with strong evidence
- Protecting your rights at every step
An experienced DUI lawyer can also help with the criminal side of your DUI case. This includes negotiating with prosecutors to get the charges reduced or dismissed, conducting a full investigation into your case, representing you in court, and more.
Get the Support You Need from Los Angeles DUI Lawyer
The reason we can offer so much guidance on what a notice of suspension is in a California DUI case is that we have so much experience with serving clients in this area.
At Los Angeles DUI Lawyer, we can put you in contact with a DUI lawyer who can help you understand more about the DMV process and what you need to do to prevent your driver’s license from being suspended.
Get peace of mind now by contacting us today. We’re available 24/7 and will gladly answer any questions you may have.
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