In most cases, the police do have the right to take your license if they are charging you with a DUI.
However, this is not the case in all situations. Los Angeles police officers generally cannot take your license if you are from out of state. Additionally, they usually have to provide you with a temporary license after taking your normal license.
You can easily contact us for more information about how the law applies to your case by calling (310) 862-0199. We offer FREE consultations, so there is no risk for reaching out today.
Removal of Your License After a DUI Arrest
Police officers have the legal right to take your license after a DUI arrest in California. However, they can only take your license if:
- You are a resident of California AND
- You have the license with you
They cannot take your license if you do not have physical possession of the license at the time of your arrest. However, driving without a license is against the law in our state. You can face additional charges if you are arrested for a DUI and you do not have your license with you.
Additionally, just because they do not take your license does not mean that it continues to be valid. Police officers will notify the DMV about the DUI charge. The DMV will then restrict the use of your driver’s license, even if the police did not take it away from you.
DUI Charges and a Temporary Driver’s License in Los Angeles
Police officers do not just take your driver’s license after a DUI arrest in Los Angeles. In many situations, police officers will also provide you with a paper “temporary” license. However, officers will not always hand out these licenses.
In some situations, you will receive a temporary license in the mail from the DMV, instead. These licenses are only good for 30 days after a DUI arrest. After this 30-day period, the DMV can automatically suspend your license in Los Angeles.
Fighting Your Automatic License Suspension
Note that you can take steps to avoid this automatic license suspension. You have 10 days from the time of your arrest to request a DMV hearing. This hearing allows a lawyer to argue that you should keep your driving privileges while the charges are pending.
A Los Angeles DUI lawyer can help you handle a DMV hearing. We can also make sure that you request this hearing in time after a DUI arrest. Find out more about how we could help you by contacting us for help at (310) 862-0199.
License Suspensions for a DUI Charge in Los Angeles
The DMV has the right to suspend your license after a DUI charge in Los Angeles. The court system can also order your license suspended if you are convicted of a DUI. However, you should know that licenses have fallen out of use for many DUI charges in our state.
California currently uses an ignition interlock device (IID) program for many drivers convicted of a DUI. The IID program allows you to continue driving if you get an IID restricted license. This means you must install an IID into any vehicles you drive after a DUI.
IIDs are a kind of breathalyzer device. They will attach to your vehicle and measure your blood alcohol content (BAC) every time you try to drive. They will not allow your vehicle to start if your BAC is elevated. Installing these devices allows you to continue driving after a DUI conviction.
Refusal to Install an IID After a DUI
Some drivers in Los Angeles do not want to use an IID. In this situation, the court can suspend your license outright. You may have to wait months or years to get your license back after a suspension. Find out more about your options with a lawyer here in Los Angeles.
Other Penalties for a DUI Conviction in Los Angeles
Drivers convicted of a DUI can face restrictions on their driving privileges in California. There are also a number of additional results for a DUI conviction. Drivers convicted of a first-time DUI can face:
- Jail time
- Time in an alcohol treatment program
Additionally, you should know that all DUIs in the state of California are considered “priorable.” This means that they stay on your record and count against you if you face subsequent DUI charges. You’ll face higher fines and a longer period of incarceration for a second or subsequent DUI conviction. All DUI convictions stay on your driver’s record for 10 years, before they no longer count against you.
Build a Defense to DUI Charges in Los Angeles
Our experienced DUI lawyers are here to assist you if you are accused of a DUI in Los Angeles. You can contact us immediately after your arrest, especially if a police officer took your driver’s license. We can take steps to investigate your charges. Our team may argue that:
- You were not driving under the influence
- You were stopped without due cause
- You were given improper BAC testing
Allow us to focus on getting your charges dismissed after a DUI arrest. Our team can also take steps to get your charges reduced. We know how to work with the prosecution to help you get a plea bargain that will allow you to move forward with your life. You can also count on us to defend you in court and to help you handle all hearings with the DMV in Los Angeles.
Talk with a Lawyer if the Police Take Away Your License
A Los Angeles DUI lawyer could help you get your driver’s license back. Members of our team are ready to build your defense after a DUI charge. Find out more by calling (310) 862-0199. You can also complete our online contact form.