The outcome of your case will determine whether your license is suspended.
In California (and throughout the United States), driving under the influence is considered a serious crime given the possibility of someone being injured or even killed in a drunk driving accident. That is why the penalties for driving under the influence (DUI) of alcohol or drugs are so severe. They typically include potential jail time, mandatory DUI school, community service, fines and fees, probation — and a license suspension.
As a San Bernardino DUI defense lawyer can explain, if you are convicted of a DUI in California — even for a first-time offense — you will lose your license for a period of time. In fact, after a DUI arrest, the California Department of Motor Vehicles (DMV) begins the process of administratively suspending your license. However, the total length of the suspension and whether you are able to obtain a restricted license will depend on the ultimate outcome of your case.
In California, there are three types of driver’s license suspensions or restrictions associated with DUI cases. First, there is the administrative suspension by the DMV, which will happen automatically 30 days after your arrest. If you request a DMV hearing within 10 days of your arrest, you may be able to stop the administrative suspension. A skilled San Bernardino DUI defense lawyer can represent you at a DMV hearing, where you will have the chance to present evidence and question the state’s witnesses against you. Requesting a DMV hearing is also a good option for many people accused of driving under the influence because it gives their attorney a preview of the state’s case against them. If you win the case, then your license will not be administratively suspended by the DMV — but you still have to move forward with the criminal case. If you lose the case, then your license will be administratively suspended, but you still have a chance to fight the case in criminal court.
Second, there is a full suspension or revocation of your driving privileges that will occur if you are convicted of a DUI. During this time, you will not be permitted to drive at all. For a first-time DUI, the minimum period of suspension will be 2 months.
Third, there is a restricted license, which allows a person on a suspended license to drive in limited circumstances. If you are granted a restricted license, you can drive to and from work and to and from alcohol treatment, and in other situations as granted by the court or by the DMV. For a first-time DUI, a restricted license will be in place for a minimum of 2 to 5 months, extending to total period of suspended or restricted driving privileges to 4 to 7 months.
Losing your license is one of the harshest penalties associated with a DUI conviction, as it can restrict your ability to work, go to school, take care of your family, and otherwise live your life. Because keeping your license — or getting it back — is so important, hiring a seasoned San Bernardino DUI defense lawyer is a smart choice if you are facing California DUI charges.
An experienced San Bernardino DUI defense lawyer can represent you before the DMV, arguing against the administrative suspension. Your lawyer can also defend you in the criminal proceeding, giving you the best of avoiding a license suspension or revocation.
The Chambers Law Firm understands the complexities of California DUI law. We work with our clients to help them achieve the best possible outcome in their DUI case, including keeping their license or getting it back after a suspension. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
