VISTA Drunk Driving LAWYER:
DMV LICENSE SUSPENSION HELP
If you have been arrested for driving under the influence of alcohol or drugs, including felony or accident DUIs Vista, I can help you. I am Vista drunk driving lawyer Peter M. Liss. I am highly experienced in the area of California DUI defense and have a proven track record of success. I can also help you avoid having your license suspended by the DMV for a DUI, but you must act quickly as you only have 10 days after the day of your arrest to file for a hearing to protect your driving privileges. Please call me at (760) 643-4050 for a free consultation.
Below are questions and answers about the DMV license suspension process. For more information about obtaining top-quality defense for DUIs in California , 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 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 should I do after my license is suspended?
You or your Vista drunk driving 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 within this time, you will automatically lose your license for four months. If you request a hearing and it is set for more than 30 days after your arrest, your DUI lawyer can request an extension of your temporary license for that period. 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 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.
Do I have to schedule a DMV hearing?
While the hearing is not mandatory and will not affect your criminal case, it is a good opportunity for a number of reasons and you should always take advantage of it. Aside from allowing you to protect your driving privileges, these hearings are also quite useful in allowing you to obtain the police report and hear the evidence against you. In many ways, the DMV license suspension hearing can work as a pre-trial warm up for both you and your Vista drunk driving lawyer, allowing you to better prepare for the official court date.
If you cannot, or do not wish to, make it to the hearing, San Diego DUI lawyers can go on your behalf instead. In most misdemeanor DUI cases, your attorney can even attend the criminal hearings in your place as well. This can be particularly beneficial for those who cannot take time off of work for the hearings, but still want to ensure they do everything possible to protect their driving privilege and defend their innocence.
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.
What if I plead guilty to a lesser charge or am found innocent?
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 Vista drunk driving lawyer will probably be able to use this fact to have your license returned.
I have personally defended many people charged with driving under the influence in Vista, California. I have also defended many people in accident DUI, felony DUI, and DUI cases involving 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 or driving under the influence of drugs driving defense,
call Vista drunk driving lawyer Peter M. Liss:
Call 24/7, any time, any day. I can help you.
For more information on DUI’s, please see: