DUI License Suspension in Los Angeles and the DMV Hearing
The DMV suspension or revocation is an administrative action taken against your driver’s license and is independent of any court-imposed jail sentence, fine, or other criminal penalty imposed for a DUI conviction.
At the time you were pulled over for drunk driving, if your Blood Alcohol Content was .08% or higher or if you refused to submit to a breathalyzer or blood test, the officer most likely confiscated your driver’s license at the scene. The officer would have then provided you with documentation, which serves as the formal notice of immediate suspension and briefly explains the law and DMV procedures. This documentation also serves as a temporary license that expires after 30 days.
When your license is suspended for a DUI arrest in California, you have the right to challenge the suspension by requesting a DMV hearing within 10 days of receipt of the suspension or revocation order. An administrative review will be initiated and the suspension or revocation will be set aside if it is found that there was no basis for the suspension revocation. However, the DMV hearing must requested through the Driver’s Safety Office within 10 days of your arrest. The California DMV will not permit you to request a hearing after 10 days.
Suspension or your license will take effect within 30 days of your arrest. If the DMV is unable to schedule your hearing before your suspension begins, our DUI defense attorney can request that your suspension be “stayed” until after the DMV hearing.
Drivers License Suspension from a DUI in Los Angeles
At the DMV Hearing, the hearing officer will consider the following questions in determining whether suspension of your license is valid:
- Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of the California Vehicle Code, sections 23140, 23152 or 23153?
- Were you placed under lawful arrest?
- Were you driving a motor vehicle and did you have a 0.08% or more by weight of alcohol in your blood or (0.05% or more if under age 21)?
Your suspension must be set aside if the above requirements are not satisfied. If the above requirements are satisfied, we may be able to help you avoid suspension by establishing that your rights were violated or that the arresting officer failed to properly administer the DUI test. If the DMV suspension cannot be set aside, our attorneys will work to have the suspension period reduced and to help you obtain a restricted license that allows you to drive to work.
We understand that suspension of your driver’s license has a serious impact on your life and we are committed to defending your rights against administrative suspension. Our experienced Los Angeles DUI attorneys can help you understand your rights and can provide you with skilled representation at your DMV hearing.
Contact us for a FREE DUI Consultation and to learn how we can help you avoid suspension of your license (213) 799-1250
Period of DMV Suspensions for DUI arrests
- 1st DUI offense: 6 month license suspension
- 2nd DUI offense within 10 years: 2 year license suspension
- 3rd DUI offense within 10 years: 3 year license suspension
- 4th DUI offense within 10 years: 4 year license suspension
What if you refused to submit to the breathalyzer or blood test?
If you are pulled over for a DUI/OVI and refuse to submit to the breathalyzer, you face an Administrative Per Se suspension (“APS”). Under California’s implied consent law, if the officer had probable cause to believe that you have been drinking and driving, your refusal to submit to a breathalyzer or blood test will result in an APS for at least one year. You are not eligible to receive a restricted license or driving privileges if you are subject to an APS suspension your refusal to take the breathalyzer or blood test.
Period of Suspension for Refusal:
Drivers of at least 21 years of age:
- A first offense will result in1-year suspension.
- A second offense within 10 years will result in 2-year revocation.
- A third or subsequent offense within 10 years will result in 3-year revocation.
Drivers under 21 years of age:
- A first offense will result in 1-year suspension.
- A second offense within 10 years will result in 2-year revocation.
- A third or subsequent offense within 10 years will result in 3-year revocation.
You have a right to challenge this suspension, but you must exercise your rights promptly. Our LA County DUI Lawyer can increase your chances of successfully beating the ALS.
What is an SR-22?
An SR-22 is a form or certificate issued by insurance companies verifying that you have minimum liability insurance coverage. If you are required to comply with SR-22 requirements, your insurance company will file proof of that you have been issued minimum liability insurance and will contact the California DMV if any problems arise relating to this insurance.
In order to have your license reinstated after a suspension, you must provide an SR-22 to prove that you have minimum vehicle liability coverage. An SR-22 is also required in order for you acquire a restricted license or driving privileges during your period of suspension. If you do not own a vehicle, you must still provide proof that you are covered by “Non owners” insurance.
The SR-22 filing period will normally last for three years. Sometimes stricter laws and terms can be enforced.
By Ted Burgess