VISTA DUI LAWYER:
DMV LICENSE SUSPENSION HELP
If you have an arrest for driving under the influence of alcohol or drugs, including an accident DUI or a felony DUI in Vista / San Diego, I can help you. I am Vista DUI lawyer Peter M. Liss; I am highly skilled andy experienced in CA DUI defense with a track record of success. I can also help you when your license has been suspended by the DMV for a DUI. Please call me at (760) 643-4050 for a free consultation.
Below are questions and answers about DMV license suspension. For more information about obtaining a top-quality DUI defense, please also see this page: DUI Defense Overview.
DMV License Suspension for DUI: Answers to Common Questions
When can an officer take my license for a DUI?
If you are arrested for driving under the influence, the officer can, and usually will, take your license if: 1) you refuse a blood or breath test 2) you take a test and your blood alcohol is .08 % or higher, or 3) you take a test where the results cannot be analyzed until later, but the officer believes you may be under the influence of drugs or alcohol based on other factors, such as the way you were driving or your appearance, conduct, or odor of alcohol.
The officer will give you a pink piece of paper; this is a notice that your license is suspended combined with a 30-day temporary license. If you are from out of state, the officer will not seize your license, but your California driving privileges will be suspended.
What should I do after my license is suspended?
You or your DUI lawyer MUST call the DMV within 10 days of your arrest to request a hearing to contest your license suspension. If you don’t request a hearing, you will lose your license for four months. If you request a hearing and it is set for more than 30 days after your arrest, your lawyer can request an extension of your temporary license. There is no penalty for requesting a hearing.
What happens at a DMV hearing for a DUI license suspension?
The DMV is a separate agency and the hearing to contest your license suspension will be held separately from your criminal case for the DUI.
The DMV hearing will be run by a Driver Safety Officer, who is employed by the DMV and who is not a lawyer. The Driver Safety Officer will decide whether there is a “preponderance” of the evidence that you were driving under the influence of alcohol or drugs. These hearings are very technical, often involving issues of whether there were procedural or bureaucratic errors, and an experienced DUI lawyer is essential to present your best possible arguments. I have handled many DMV hearings and had many successes; I can help you. Please call me, attorney Peter M. Liss, at (760) 643-4050 for more information and a free consultation.
The hearing officer usually will not make a decision on your suspension until some days or even weeks after the hearing. A decision against you can be “appealed” to the DMV in Sacramento and/or to the Superior Court by filing a writ, although there must be strong legal grounds in your favor for a writ to change the outcome.
The decision in the DMV license suspension hearing will not affect your criminal case one way or the other.
If the DMV decides to suspend my license, when will I get it back?
If this is your first DUI arrest in the last ten years, your license will be suspended for 4 months. If you file proof that you have enrolled in a DUI school AND proof of insurance, this can be reduced to 1 month followed by 5 months of work restriction. Additionally, If you install an ignition interlock device in your car, you can avoid the 1 month hard suspension and drive for any purpose.
If you refused a blood or breath test, the suspension is for 1 year; no work restriction is allowed. If you have a second DUI within ten years, your license will be suspended for 1 year (2 years if you refused a blood or breath test).
If you plead guilty to a reduced offense, such as reckless driving, and the DUI is dismissed, this will not change your license suspension. However, if you are acquitted (found not guilty) in the Superior Court criminal proceeding, your lawyer will likely be able to obtain a return of your license.
I have personally defended many people charged with driving under the influence in Vista and San Diego, California. I have also defended many people in accident DUI, felony DUI, and DUI cases with other offenses, such as gun charges or drug possession. If you or someone in your family has been arrested on one of these charges, please call me to learn how I can help you. I provide top quality representation for a reasonable fee, offer a free initial consultation, and accept all major credit cards. I consider all DUI defenses urgent and will respond immediately.
How to Contact Attorney Peter Liss
For skilled IMMEDIATE help with a Vista DUI,
San Diego DUI, or drugs driving defense,
call Vista DUI Lawyer Peter M. Liss:
(760) 643-4050
or
(858) 486-3024
Call 24/7, any time, any day. I can help you.
For more information on DUI’s, please see:
