A DUI license suspension will take effect immediately if you do not contest it
For many Californians charged with driving under the influence (DUI), one of the biggest surprises is when the police officer takes their drivers’ license and hands them a notice. While most people are aware that they will face a range of penalties for a DUI conviction, they don’t expect to have their license confiscated as they walk out of the police station. Yet as a DUI defense lawyer Los Angeles, CA, this is a common practice — and the start of a two-part process in a California DUI case.
In California, there are two aspects of a DUI case: administrative and criminal. The Department of Motor Vehicles (DMV) will start an administrative process as soon as you are arrested for a DUI, or if you refuse to a submit to a chemical test. When you are released from prison, a law enforcement officer will take your current license, send it to the DMV to be destroyed, and hand you a notice of Suspension/Revocation. This notice will serve as a temporary driver’s license that is valid for 30 days from the date of your arrest. The administrative process is separate from the criminal process.
On the notice, information about requesting a hearing with the DMV will be listed. You have 10 days to request an administrative hearing, or your license will be automatically suspended. If you request a hearing, then you can drive until the administrative case is resolved. Otherwise, your temporary license will be good for a period of 30 days. After that time, you will not be able to drive unless you request a restricted license through the DMV. At a hearing, your DUI defense lawyer Los Angeles, CA can present an argument for why the officer did not have probable cause to pull you over, or how there is insufficient evidence to support a charge of driving under the influence. Most importantly, your attorney will get a preview of the state’s case against you. If you prevail, then your license will not be suspended by the DMV — but it could still be suspended if you are found guilty of a DUI at trial (or if you plead guilty). If you lose at the DMV level, your license will be suspended by the DMV, but you still have the opportunity to prove your innocence to the court.
The criminal process involves the adjudication of the criminal charges against you. If you are convicted, your license will be suspended for a period of time. The length of the suspension will depend on a number of factors, including whether or not you submitted to the chemical test, whether or not you have previous DUI convictions, and whether or not you were driving while under DUI probation.
If you have been charged with a DUI, a license suspension is just one consequence of an arrest and/or conviction. That makes it all the more important that you hire a seasoned DUI defense lawyer Los Angeles, CA to represent you. The Chambers Law Firm can help. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or to learn more.
