Los Angeles DMV Hearing

Suspension of the Driver’s License

in Los Angeles on DUI charges and the DMV Hearing

The proceedings of DMV suspension or revocation are entirely administrative decisions, which are not affected by any judicial verdict such as fine, criminal penalty or imprisonment for the criminal offense of driving under influence.

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The office authorized to pull over for drunk driving will certainly confiscate your driver’s license after any such pull over if you refuse to cooperate for a breathalyzer or blood test or the test report indicates that your blood contains 0.8 percent or higher alcohol by weight. When your driving license is confiscated on the charges of DUI, the office will serve you notice of immediate suspension of your driver’s license. This documentation containing the notice briefly explains the DMV procedures and relevant laws. The notice serves as a temporary driving license for 30 days.

You have the right to challenge the suspension of your driver’s license and request for a DMV hearing within 10 days of receipt of any such suspension or revocation notice following the DUI arrest in California.  Your request for the DMV hearing will initiate the process of administrative review to confirm whether there is valid and legal justification for it, and the suspension or revocation is declared to be void if there is no justification for it. However, you must request the Driver’s Safety Office for a DMV hearing within 10 days of your arrest on DUI charges. No request for California DMV is entertained after 10 days.

On the charges of drunk driving the driver’s license is suspended within the 30 days of arrest. Your defense attorney can request for “stay” on the suspension of your driver’s license until hearing if the DMV is unable to initiate a hearing within the stipulated 30 days.

Suspension of driver’s license in Los Angeles on DUI charges

The hearing officers are guided by the following criteria in deciding whether the driving license has been suspended on sufficient legal grounds:

  • Whether you were arrested according to the law?
  • Whether it can be confirmed that the arresting officer had sufficient grounds to assume that  you violated sections 23140, 23152 or 23153 of the California Vehicle Code while driving your vehicle.
  • Whether your blood contained 0.08 percent or more alcohol by weight while you were driving your vehicle. (0.05 percent or more alcohol in case of adults less than 21 years of age).

If the above-mentioned requirements are not fulfilled in case of your suspension, the suspension of your driver’s license is not valid according to the law and must be revoked. Even if the suspension of your driving license satisfies these preconditions, we can still work out a successful strategy to establish that the arresting office neglected the recommended procedures of chemical testing instrument for accurate results or claim that your rights have been violated. In cases where DMV suspension cannot be revoked at all, our experienced attorneys work on the strategy to reduce your suspension to the minimum possible duration or let you have a restricted license so that you can still drive to your work.

We understand how inconvenient it can be for you to lose your driver’s license and work with full commitment and dedication to strongly defend any such administrative suspension and protect your rights. When you hire a Los Angeles DUI attorney, you get highly proficient and experienced professionals to represent your case in the DMV hearing.

Contact us to get a free DUI Consultation and allow us to explain how we can help you in retaining your driving license after DUI charges against you.

Duration of DMV Suspensions against the offense of DUI

  • The First arrest for DUI
    – The driving license is suspended for six months.
  • The Second arrest for DUI within 10 years
    – The driving license is suspended for two years.
  • The third arrest for DUI within 10 years
    – The driving license is suspended for three years.
  • The fourth arrest for DUI within 10 years
    – The driving license is suspended for four years.

What if you refuse to cooperate for breathalyzer or blood test?

You are subject to Administrative Per Se suspension or APS if you refuse to submit to the breathalyzer after being pulled over for a DUI/OVI. Under the California’s implied consent laws, if the officer has sufficient grounds to assume that you have been driving under the influence, you are going to face APS suspension of your driver’s license for at least one year on refusing to give your consent for breathalyzer or blood test. In the case of APS suspension of your driver’s license, you are not entitled to any driving privileges, and so you will not be given any restricted license.

Duration of APS Suspension for Refusal:

Duration of APS suspension for the offenders having more than 21 years of age:

  • On the first offense
    – The driving license is suspended for one year.
  • On the second offense within 10 years
    – The driving license is revoked for two years.
  • On the third offense within 10 years
    – The driving license is revoked for three years.
  • On subsequent offense within 10 years
    – The driving license is revoked for three years.

Duration of APS Suspension for the offenders having less than 21 years of age:

  • On the first offense
    – The driving license is suspended for one year.
  • On the second offense within 10 years
    – The driving license is revoked for two years.
  • On the third offense within 10 years
    – The driving license is revoked for three years.
  • On subsequent offense within 10 years
    – The driving license is revoked for three years.

You can also challenge the APS suspension of your driver’s license on the charges of refusing to cooperate if you promptly exercise your right. You can have better chances of success in setting aside any such APS suspension by hiring our experienced LA County DUI Lawyer.

What is an SR-22?

The insurance companies issue a certificate known as SR-22 to confirm that the owner’s minimum liability has been insured by the company. In case you have to comply with SR-22 requirements, the insurance company which insured your minimum liability must submit proof that the company covers your minimum liability and shall acknowledge to contact California DMV if any issues arise in the future regarding this minimum liability coverage.

The vehicle’s minimum liability coverage is important for reinstating your license after a suspension, and you have to provide an SR-22 certificate to prove that your liability is adequately insured. The SR-22 certificate is also very instrumental in obtaining driving privileges or restricted licenses during the suspension period of your license. In case you don’t own any vehicle, you must have liability coverage insurance for non owners and submit relevant certificates to prove that.

Normally, you can file the SR-22 certificate within three years. However, the rules and regulations are subject to change and can be rather stricter at times.

Continue reading about California Probation and Consequences of Violating Probation

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