Losing your driver’s license can make it difficult to get to work, run errands, and go about your day-to-day life. If you have been arrested for driving under the influence, a San Diego DUI lawyer may be able to help protect your license.
Los Angeles DUI Lawyer has connected thousands of Californians facing DUI charges with experienced local attorneys. If you have been charged, a San Diego DUI license suspension lawyer can help you request a DMV hearing, contest the suspension of your license, and potentially preserve your driving privileges.
What Can a San Diego DUI License Suspension Attorney Do for Me?
A DUI can affect both your criminal record and your driving record.
A DUI license suspension lawyer serving San Diego can help by:
- Requesting a DMV hearing: Your attorney can request an administrative hearing before the deadline expires, allowing you to challenge the suspension of your license.
- Representing you at the DMV hearing: A lawyer can present evidence and fight for your right to drive at the DMV hearing.
- Identifying procedural errors: Your legal representative can determine whether mistakes made during your arrest or the administrative process could strengthen your defense.
- Negotiating with prosecutors: If possible, a lawyer can seek reduced charges or alternative resolutions that may lessen the impact of your arrest on your license.
- Representing you in court: If your case proceeds to trial, an attorney can defend you before a judge or jury.
- Helping you obtain restricted driving privileges: If you qualify, a lawyer can help you secure a restricted license and enroll in an ignition interlock device (IID) program.
How Long Will My License Be Suspended?
The length of the driver’s license suspension you receive after your DUI arrest will depend on several factors, including:
- Whether this is your first DUI offense
- Whether you have previous DUI convictions
- Whether you refused a breath or blood test
- Whether anyone was injured
- Whether additional criminal charges were filed against you
Per Cal. Veh. Code § 13353.3, some licenses are only suspended for four months, while others receive suspensions or revocations of up to four years under Cal. Veh. Code § 13352.
What Happens if I Refused a Chemical Test?
According to California’s implied consent law, you generally must submit to chemical testing after being lawfully arrested for driving under the influence. Refusing a breath or blood test can result in:
- A longer driver’s license suspension
- Increased criminal penalties
- Ineligibility for a restricted driver’s license during the suspension period
However, in certain cases, you may be able to argue that your refusal was legally valid or that police officers didn’t properly explain the consequences of declining the test.
What Happens at a DMV Hearing?
A DMV hearing is an administrative proceeding meant to determine whether your driver’s license should be suspended under California’s Administrative Per Se laws. During the hearing, the DMV generally considers questions such as:
- Whether the officer had reasonable cause to believe you were driving under the influence
- Whether you were lawfully arrested
- Whether your blood alcohol concentration was at or above the legal limit
- Whether you refused to submit to a required chemical test
Unlike a criminal trial, the hearing is conducted by a DMV hearing officer rather than a judge. A DUI license suspension attorney serving San Diego can advocate for you and argue against the suspension of your license.
What Are the Penalties for Driving on a Suspended License?
Driving while your license is suspended can create new legal problems in addition to your existing DUI charges. Possible consequences include:
- Additional criminal charges
- Fines
- Extended suspension periods
- Vehicle impoundment
- Jail time (in certain cases)
Can I Get a Restricted Driver’s License?
You may be eligible for restricted driving privileges after a DUI arrest. A restricted license allows you to drive under limited circumstances, which may include:
- Traveling to and from work
- Driving during work-related duties
- Attending school
- Traveling to court-ordered programs
- Attending medical appointments
- Transporting family members (when permitted by law)
Your eligibility for a restricted license depends on factors such as your driving history, the nature of your DUI offense, and whether you meet various state requirements. In many cases, drivers must install an ignition interlock device, maintain insurance, and enroll in a state-approved DUI school.
How Can I Reinstate My Driver’s License?
After your suspension period ends, your license will not automatically be reinstated.
Depending on your circumstances, you may need to:
- Pay reinstatement fees
- File proof of financial responsibility (such as an SR-22 insurance certificate)
- Complete a DUI education program
- Install an ignition interlock device (if required)
Steps to Take After a DUI Arrest in San Diego
The actions you take immediately after your arrest can affect your ability to challenge the suspension of your license and defend your case.
It’s critical to:
- Request your DMV hearing promptly: You must request a hearing within 10 days of your arrest.
- Keep all paperwork: Save your temporary license, citation, DMV forms, and any documents provided during your arrest.
- Write down everything you remember: Details about the traffic stop, field sobriety tests, conversations with officers, and testing procedures may become important later.
- Follow all court requirements: Missing court dates or failing to comply with court orders can create additional legal problems.
- Avoid driving if your license has been suspended: Driving on a suspended license can lead to additional criminal penalties.
- Complete required programs (if applicable): You may need to complete certain education or treatment programs to get your license reinstated or secure restricted driving privileges.
- Consult a lawyer: An attorney can help preserve your driving privileges and prepare you for both DMV and court proceedings.
Connect With a DUI License Suspension Attorney Serving San Diego
If you have been arrested for driving under the influence, there’s no time to waste. Los Angeles DUI Lawyer can connect you with a San Diego DUI license suspension attorney who can represent you at the DMV hearing, fight for your right to keep your license, and defend you against any criminal charges.
Call now to get the legal help you need.