Driving Following A California DUI Arrest
Being charged with DUI is usually scary and humiliating, and makes it necessary that you contact a competent DUI lawyer straight away. Among the best things which you’re able to do when you have been arrested for DUI is to speak to a DUI lawyer that has handled cases that are like yours. A major worry that almost everyone who’s charged with DUI share happens when (and if) their driving privileges will likely be regained.
Getting Your Driver’s License Taken
California law mandates that a California Highway Patrol officer or any other police offer immediately forwards a document known as the Notice of Suspension or Revocation as well as your seized driver’s license into the Department of Motor Vehicles (DMV), along with the officer’s report. This form, which is known as a DMV Form DS 367, will be reviewed by a DUI specialist in the DMV. This DUI specialist is given the job of reviewing the Notice of Suspension or Revocation, including conducting a report on any breathalyzer results, blood test results, as well as the complaining officer’s report.
Challenging Your Suspension or Revocation
Under California law, you have only 10 days to request a hearing from the California Department of Motor Vehicles (DMV) following a DUI charge. During this time period, your DUI attorney can aid you to submit evidence as well as other information that’s required by the DMV. When the DMV upholds the suspension or revocation in the DUI specialist’s administrative review process, you’re permitted a hearing. This hearing is performed before a DMV hearing officer. At this hearing, both you and your DUI lawyer can contest the suspension or revocation formally. Should they think acceptable, among the options that the DMV has will be to set aside the action. Your lawyer and you will be able to present or challenge evidence that pertains to the revocation or suspension of your driving privileges. The objective of an effective lawyer is to attempt to establish that the officer which was involved with the arrest has not got the needed evidence in order to meet the standard of evidence that is needed to impose revocation or suspension of your driving license.
Pending the end result of the DUI charge, sometimes drivers who are arrested for DUI in California can be issued a temporary driving license. If the license was valid once you received your DUI charge, then this temporary license will usually provide the right to drive for 30 days from the date of issue. A temporary license isn’t the same as the hardship or restricted license.
The Duration of Your Suspension
Should you be found guilty of DWI or DUI, you then might lose the ability to operate a vehicle for a certain length of time. Although the amount of time that you’re going to lose your driving privilege can vary from judge to judge and depends quite a lot on the skill and expertise in your DUI lawyer, typically a first DUI conviction brings about a suspension of the driving privilege for four months. Your driving privileges may be suspended for 1 year when you have 2 or more offenses within ten years of one another. If you’re a licensed driver that’s younger than twenty-one years old, and the BAC (blood alcohol content) was in excess of 0.01% at the time you were arrested, then being found guilty of DUI will get your license suspended for one year without hope of obtaining a restricted license.
DUI or DWI convictions are extremely disconcerting and will become a huge setback for somebody having an otherwise bright future. Contacting an experienced DUI lawyer without delay to go over the merits of the case against you can aid to minimize the damage that this serious charge afflicts on your life.