Los Angeles DUI and the DMV
What to Expect When You Lose Your License for DUI in Los Angeles?
Losing your driving privileges after a DUI charge can be an overwhelming experience. This loss restricts your mobility and independence, leaving you at the mercy of others. However, the duration of your suspension depends on various factors, making it crucial to secure the services of a seasoned Los Angeles DUI attorney to navigate the complicated procedures successfully.
Initial Suspension Procedures
Following a DUI arrest, the authorities will suspend your license, typically for 30 days. However, if your chemical test results show that your blood alcohol content (BAC) is .09 percent or higher, the arresting officer will confiscate your license and issue an Order of Suspension from DMV. This provisional license is valid for just 30 days.
Factors to Consider
The length of your license suspension depends on multiple factors, including prior DUI convictions, blood alcohol levels of .15% and above, accidents resulting in severe injuries, and refusing a chemical test. Refusing the test alone can land you a one-year suspension, with no issuance of a provisional license by DMV.
How Long Does My Suspension Last?
On average, a license suspension for DUI lasts about four months, provided there are no aggravating factors. You must serve one month on complete suspension before you qualify for a provisional license to access work, school, or essential appointments. To be eligible for the restricted license, you must show proof of attending DUI school and insurance coverage.
Can You Fight Suspension?
The DMV typically issues a suspension order within 30 days from your arrest, and one has ten days to contact the DMV Driver’s Safety Office to fight the order. Failure to contest the decision within ten days means that your suspension starts after the first 30 days. Therefore, it would be to retain a competent Los Angeles DUI Attorney to apply for a suspension stay and preserve your legal rights.
How Do the Hearings Work?
While it’s not mandatory to have an attorney present at the DMV hearing, it’s not advisable to attend alone. Self-representation may result in technical mishaps that could cost you your license. Your attorney will analyze the evidence, interview witnesses, and craft a strong defense that could secure a favorable verdict.
On the other hand, the DMV officer is not legally trained, and he operates as the judge and prosecutor in the hearing. He works to convict you and may even call you as a witness, where you are obligated to testify. Retaining a Los Angeles DUI Attorney with in-depth knowledge of DUI laws can assist you in navigating the DMV hearing.
Possible Outcomes
Winning your DMV hearing and proving your innocence typically comes with an acquittal of driving with a BAC of .08% or higher or an order dismissing the conviction. However, this decision does not affect your criminal proceedings, which follow a separate legal procedure. Retaining a Los Angeles DUI Attorney will protect you from being slapped with hefty fines and jail terms, which means everything to you.
Table
Factors | Suspension Timeframe |
Refusal to undertake chemical test | One year |
Blood Alcohol levels of .15% or higher | Longer suspension term |
Prior DUI Convictions | Longer suspension term |
Crash causing serious injury | Longer suspension term |
No aggravating factors | Four months |
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