VISTA Drunk Driving LAWYER:
DMV LICENSE SUSPENSION HELP

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 the odor of alcohol.

When an officer takes your license, he will give you a pink piece of paper; this is both a notice that your license is suspended as well as 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 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 or judge. 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 Vista drunk driving 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 pay for a restricted license, file proof that you have enrolled in a DUI school AND offer proof of your SR-22 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 will last for 1 full year and 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 are found guilty of drunk driving,  you will face an additional six month suspension concurrent to the immediate suspension you already received. This additional suspension can also be converted to a restricted license or be avoided through the installation of an ignition interlock device.

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 drunk driving lawyer will likely be able to obtain a return of your license.