One of the primary outcomes of a DUI conviction is the imposition of a conviction suspension on your driver’s license. Understanding the intricacies of this suspension, as well as how to contest it, is essential for Mission Viejo DUI lawyers and anyone facing DUI charges under California Vehicle Code (vc) 23152.
Understanding Conviction Suspension
A conviction suspension is an administrative action taken by the Department of Motor Vehicles (DMV) following a DUI conviction. Under California law, this suspension is separate from any criminal penalties imposed by the courts. It primarily serves to protect public safety by removing potentially impaired drivers from the roads. (See; NHTSA Drunk Driving page and CDC Impairment page for explanation of alcohol impairment.)
Duration of Conviction Suspensions
The length of a conviction suspension varies depending on several factors, including the number of prior DUI offenses on the driver’s record:
– First Offense DUI: For a first offense under vc 23152, the conviction suspension is six months. However, defendants may be eligible for a restricted license after a certain period, allowing them to drive to and from work or school.
– Second Offense DUI: For a second offense within ten years, the suspension period is two years.
– Third Offense DUI: A third offense within ten years can result in a suspension of up to three years, further emphasizing the severity of repeat offenses.
Restricted License and IID Requirements
A restricted license permits limited driving privileges during the suspension period. To obtain a restricted license, you may need to:
– Install an Ignition Interlock Device (IID): This breathalyzer-like device is wired to your vehicle’s ignition system and requires a breath sample before the car will start. It effectively ensures that you cannot drive with alcohol in your system.
– Enroll in a DUI Program: Completion of a DMV-approved alcohol program is typically mandatory for obtaining a restricted license, demonstrating your commitment to rehabilitation and safer driving practices.
– File Proof of Insurance: Maintenance of an SR-22 insurance certificate is another requirement, providing proof of financial responsibility.
Fighting a Conviction Suspension
Challenging a conviction suspension involves various strategies, depending on the specifics of your case. Here are some essential steps and considerations:
Hire an Orange County DUI Attorney
The first and most crucial step in fighting a conviction suspension is to hire an experienced Orange County DUI attorney. A skilled DUI attorney can provide valuable guidance, navigating the complexities of DUI laws and DMV procedures, potentially reducing or overturning your suspension.
Gather and Present Evidence
Building a strong defense requires thorough preparation and evidence collection, including but not limited to:
– Faulty Breathalyzer Results: Arguing that breathalyzer tests were improperly administered or malfunctioned can be a compelling defense, as can highlighting potential calibration issues.
– Field Sobriety Test Errors: Showing that field sobriety tests were administered incorrectly or under conditions that could lead to inaccurate results can underscore doubts about your impairment status.
– Medical Conditions: Demonstrating that specific medical conditions, such as acid reflux or diabetes, could have affected breathalyzer results is another potential avenue for your Mission Viejo DUI attorney to explore.
Challenge the Arrest Process
A DUI arrest must adhere to strict legal protocols. Any violation of your rights during the traffic stop, testing process, or arrest could invalidate the suspension. Your Orange County DUI lawyer will review:
– Probable Cause: Questioning the officer’s reasons for the traffic stop can be crucial. If the stop lacked probable cause, any evidence collected thereafter could be challenged by your Orange County DUI attorney and deemed inadmissible.
Conclusion
Navigating a conviction suspension in California following a DUI is complex and challenging, requiring an understanding of state laws, meticulous evidence collection, and strategic defense planning. Immediate action, particularly the hiring of a proficient Mission Viejo DUI lawyer is critical. Whether it’s a first offense or subsequent offenses under vc 23152, each case warrants a tailored approach for the best possible outcome. Through diligent preparation and professional legal support, fighting a conviction suspension becomes a structured, strategic endeavor rather than an insurmountable obstacle.