How to Protect Your License After a DUI Arrest in Los Angeles
No, your driver’s license is not immediately suspended after a DUI arrest in California. Instead, the arresting officer will typically issue a “Notice of Suspension” along with a temporary license that allows you to continue driving for 30 days. This notice serves as a temporary driving permit while you wait for the opportunity to contest the suspension at a hearing with the California Department of Motor Vehicles (DMV).
During this time, it’s crucial to act quickly, as you have the right to request a DMV hearing to challenge the suspension, and failing to do so within 10 days will result in automatic license suspension after the 30-day temporary period. An experienced DUI defense attorney can help guide you through this process and work to protect your driving privileges.
The Role of the DMV After a DUI Arrest
After a DUI arrest in California, the DMV plays a critical role in the administrative side of the case, separate from the criminal court proceedings. While the criminal court determines guilt and criminal penalties, the DMV focuses solely on the status of your driver’s license. Importantly, the DMV has the authority to suspend your license even before the criminal case is resolved.
When you’re arrested for DUI, the DMV initiates an Administrative Per Se (APS) Hearing, which determines whether your license should be suspended. You have the right to request this hearing to contest the suspension, but you must act quickly — the request must be made within 10 days of your arrest. If you do not request the hearing within this window, your license will be automatically suspended once your 30-day temporary license expires.
The DMV hearing is entirely separate from the criminal case, meaning even if you haven’t been convicted yet, the DMV can still suspend your driving privileges based on the administrative review. A skilled DUI defense attorney can help you navigate both the criminal and DMV processes, ensuring all deadlines are met and advocating to protect your license at the hearing.
What Happens If You Don’t Request a DMV Hearing?
If you fail to request a DMV hearing within 10 days of your DUI arrest, serious consequences will follow. First and foremost, your driver’s license will be automatically suspended after 30 days from the date of your arrest. For a first-time DUI, the suspension period typically lasts 4 months. However, if you refused to take a chemical test, the suspension period is more severe, often extending to 1 year.
Missing the 10-day window means you forfeit the opportunity to contest the suspension, and your driving privileges will be lost without a chance to present your case. Acting quickly after a DUI arrest is critical to avoid automatic suspension and protect your ability to drive.
Can You Continue Driving After a DUI Arrest?
Yes, after a DUI arrest in California, you can continue driving for up to 30 days using the temporary license provided by the arresting officer. This temporary license is issued along with the Notice of Suspension and allows you to drive while waiting for your DMV hearing or the end of the 30-day period.
However, if you do not request a DMV hearing within the 10-day window or if the hearing upholds the suspension, your license will be suspended after the temporary license expires. Once the suspension takes effect, your ability to drive will be revoked unless you qualify for a restricted license.
Many individuals can apply for a restricted license, which allows driving to work, school, or medical appointments. To qualify, you may need to install an Ignition Interlock Device (IID), which requires you to pass a breath test before starting your vehicle. This option can help you maintain some driving privileges during the suspension period.
How Our Criminal Defense Attorney Can Help You Protect Your License After a DUI
Requesting the DMV Hearing
The first and most urgent step is requesting a DMV hearing within the 10-day window following your arrest. Failing to do so results in an automatic suspension of your license. Our attorney will handle this process for you, ensuring that the hearing is scheduled and giving you a chance to contest the suspension before it takes effect.
Challenging the License Suspension
At the DMV hearing, Attorney Hashemi can challenge the evidence against you. This may involve disputing the accuracy of the breathalyzer or blood test, or questioning whether the traffic stop was lawful in the first place. A strong challenge to the evidence can lead to a favorable outcome, potentially preventing the suspension altogether.
Negotiating for a Restricted License
If the DMV upholds the suspension, your attorney can help you apply for a restricted license. This allows you to maintain some driving privileges, such as commuting to work, school, or medical appointments, often by agreeing to install an Ignition Interlock Device (IID) in your vehicle. This ensures you can meet your daily responsibilities even during the suspension period.
What Happens If You Lose the DMV Hearing?
If you lose the DMV hearing after a DUI arrest in California, the consequences can be significant. For a first-time DUI offender, losing the hearing typically results in a 4-month suspension of your driver’s license. If you refused to take a chemical test at the time of the arrest, the suspension could be even longer—up to 1 year.
Despite losing the DMV hearing, all is not lost. You may still be eligible for a restricted license, which allows you to drive to work, school, or for medical needs after serving part of the suspension. Your attorney can guide you through this process and help you meet the requirements for a restricted license, which may involve installing an Ignition Interlock Device (IID) on your vehicle. Additionally, an experienced DUI attorney can explore options to appeal the suspension or challenge it in court. Even after a loss at the DMV hearing, your lawyer can still work to negotiate solutions that lessen the impact on your daily life, ensuring you retain some driving privileges.
How a DUI Conviction in Criminal Court Affects Your License
While the DMV handles the administrative suspension of your license after a DUI arrest, a separate license suspension can be imposed if you are convicted in criminal court. This court-imposed suspension may run concurrently with the DMV suspension, but it often carries additional penalties, such as longer suspension periods or requirements like completing DUI education programs or installing an Ignition Interlock Device (IID).
A criminal court conviction can also lead to harsher consequences, including fines, jail time, and further restrictions on your driving privileges. If both the DMV and court impose suspensions, you could face an extended period without full driving rights.
However, with the help of a skilled DUI defense attorney, these penalties may be mitigated. Your attorney can work to reduce charges, potentially negotiating a plea to a wet reckless or other lesser offense, which can lead to reduced penalties, including a shorter suspension. Additionally, an experienced attorney can explore alternative sentencingoptions, such as probation, community service, or house arrest, to minimize the impact on your license and daily life. By defending your case in court, your lawyer will fight to protect your driving privileges and reduce the long-term consequences of a DUI conviction.
How Our Criminal Defense Attorney Can Help You Fight DUI Charges and Protect Your Driving Privileges
A DUI defense attorney plays a crucial role in defending both the DMV administrative case and the criminal DUI case. They can challenge the legality of the stop and arrest, questioning whether the police had valid grounds to pull you over or arrest you for DUI. At the DMV hearing, your attorney will present evidence and arguments to contest the automatic suspension of your driver’s license, giving you a better chance of maintaining your driving privileges.
In court, Attorney Hashemi can work to reduce the DUI charge to a lesser offense like a wet reckless, which carries fewer penalties and can help you avoid a long-term license suspension. Even if suspension is inevitable, our attorne can assist in securing a restricted license, allowing you to drive to work or school during the suspension period. With a strong legal strategy, we will focus on protecting both your driving privileges and your future.
Protect Your License After a DUI Arrest – Contact Our Los Angeles DUI Lawyer
If your driver’s license is at risk after a DUI arrest in Los Angeles, acting quickly is essential. Failing to request a DMV hearing within 10 days of your arrest can result in an automatic license suspension. At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against DUI charges and protecting their driving privileges. Attorney Hashemi will carefully review your case, challenge the evidence presented at the DMV hearing and in court, and fight to prevent your license from being suspended. Whether it’s contesting the legality of the traffic stop, questioning the accuracy of breathalyzer or blood tests, or advocating for a restricted license, our team is committed to minimizing penalties and keeping you on the road.
To discuss your case and learn how we can help, contact our office at immediately, You can also schedule a 15-minute consultation through our secure online system. During the consultation, we’ll review your case, explain your legal options, and develop a strategy to protect your driving privileges and future.
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