Introduction
Getting arrested for a DUI in California can have serious consequences, including the suspension of your driver’s license. The California Department of Motor Vehicles (DMV) has the authority to suspend your license following a DUI conviction. In this article, we’ll explore the process of license suspension, the duration of the suspension, and how you can potentially avoid it with the assistance of a Mission Viejo DUI lawyer.
Understanding the DUI License Suspension Process
1. Immediate Administrative License Suspension (ALS)
After being arrested for a DUI in California, you will most likely face an immediate administrative license suspension (ALS). This suspension is separate from any criminal charges or court proceedings and is solely administered by the DMV. However, this suspension can be delayed with the help of a Mission Viejo DUI attorney.
The ALS is triggered when you fail a blood alcohol concentration (BAC) test, with results showing a BAC of 0.08% or higher for drivers over the age of 21. For drivers under 21, any measurable amount of alcohol in their system can result in an ALS. Additionally, refusing to submit to a chemical test can also lead to an ALS.
2. Temporary License
Following your DUI arrest and subsequent ALS, the DMV will typically provide you with a temporary license to use until your case is resolved. This temporary license is valid for 30 days, giving you, or your Orange County DUI attorney, time to request a DMV hearing to challenge the license suspension.
3. DMV Hearing
Within 10 days of your DUI arrest, you, or your Mission Viejo DUI lawyer, must request a DMV hearing if you wish to challenge the license suspension. Failure to request a hearing within this time frame will result in an automatic suspension of your license.
During the DMV hearing, you and your Orange County DUI attorney can present evidence and arguments to contest the suspension. If successful, your license suspension may be avoided altogether, allowing you to retain your driving privileges.
Duration of License Suspension
The duration of a DUI license suspension in California depends on several factors, including your prior DUI history and the circumstances of your current offense.
1. First DUI Offense
For a first-time DUI offense, the DMV will typically impose a license suspension of four months. However, you may be eligible for a restricted driver’s license after 30 days, which allows driving to and from work or during the course of employment. Moreover, if you install an Ignition Interlock Device (IID), you can drive through the entire suspension period.
2. Second DUI Offense
If you have a prior DUI conviction within the past 10 years, your license suspension for a second offense will be for one year. If your DUI is a drug DUI only, then after 90 days of the suspension, you may be eligible for a restricted driver’s license. If alcohol was in your system, then you will be required to install an IID but you will be allowed to drive through the entire suspension period.
3. Third DUI Offense
A third DUI offense within 10 years will result in a license suspension of three years. Again, you will be required to install an IID and enroll in an 18-month alcohol program. You will be allowed to drive through the entire suspension period.
Avoiding License Suspension with the Help of a Mission Viejo DUI Lawyer
While the license suspension process may seem daunting, it’s important to remember that you have options. Seeking the assistance of a knowledgeable and experienced Orange County DUI lawyer or attorney can greatly increase your chances of avoiding suspension or minimizing its impact.
1. DMV Hearing Representation
A Mission Viejo DUI lawyer can guide you through the DMV hearing process, ensuring that you present the strongest possible case to challenge the license suspension. They can help gather evidence, question witnesses, and argue on your behalf to convince the DMV reviewer.
2. Negotiating Plea Bargains
In some cases, a skilled Mission Viejo DUI attorney can negotiate a plea bargain that reduces the charges or penalties associated with your DUI offense. This may lead to a lesser license suspension or the possibility of attending DUI school instead.
3. Expert Legal Advice
Navigating the legal system can be complex, especially when it comes to DUI cases. A DUI lawyer can provide expert legal advice tailored to your specific situation, helping you understand the potential outcomes and guiding you towards the best course of action.
Conclusion
Facing a license suspension after a DUI arrest in California can be overwhelming, but it’s important to remember that you have options. Requesting a DMV hearing and seeking the assistance of a DUI lawyer can greatly improve your chances of avoiding or reducing your license suspension. Remember, each case is unique, and consulting with a professional can help you understand the best approach to protect your driving privileges.