Being arrested for Driving Under the Influence can be intimidating, but the more you understand the process, the more prepared you will be for the upcoming ordeal. We have already covered some of the questions you might initially ask when you have been charged with drunk driving, and here are some answers to questions you might have about the DMV
What will happen at the DMV license suspension for DUIs?
Since the DMV is not part of the California court system, this hearing is held independently from your criminal DUI matters and the outcome will not affect your criminal charges.
The hearing will be headed by an employee of the DMV known as a Driving Safety Officer, who is not a judge or a DUI lawyer. In San Diego, the Driver Safety Officer’s job is to evaluate whether or not there is enough evidence to determine if you were driving while under the influence of either alcohol or drugs. Because DMV hearings are so technical, it is critical you have an experienced San Diego DUI lawyer on your side to help you present the best arguments for your defense.
The officer will generally not make his final decision until sometime after the hearing and you may not hear the results of your hearing until weeks later. If you lost your hearing, you may appeal the decision with the Sacramento DMV, although your San Diego DUI lawyers must have good legal grounds in order to affect the outcome of the decision.
If the DMV has decided to suspend my driving privileges, when will they be restored?
If you have only had one DUI arrest over the last ten year period, you will lose your license for 4 months. If you enrolled in a DUI classes, you can file proof of your enrollment along with proof that you have since obtained insurance, your San Diego DUI attorneys may be able to have the suspension reduced so it only lasts 1 month, after which time, you will have a restricted license allowing you to travel to work and back for 5 months. This option is not available for those who refuse a blood or breath chemical test after their DUI arrest. Additionally, if you refused to take the test, the license suspension will last for one full year. Similarly, if you have another DUI on your record from within the last ten years, the suspension will be longer.
Because criminal cases are handled separately from the license suspensions, you will still have your license suspended if you have plead to some kind of reduced offense, such as reckless driving. If you are acquitted though, your San Diego DUI lawyer will probably be able to use this fact to have your license returned.
Peter M. Liss has successfully defended many people like you who have been charged with drunk driving in San Diego, California. He has also defended people who have been charged with DUIs that resulted in accidents, felony DUI, and drunk driving cases that also involved other crimes, such as drug possession or weapons charges. If you or a loved one has been arrested for drunk driving, please call (858) 486-3024 to discuss how Mr. Liss can help.
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