When a driver is convicted of their first DUI, one of the biggest hurdles
they run into is the “suspended driver’s license.” Of
course, the best way to avoid a suspension is to fight your DUI charges,
but what if your blood alcohol concentration (BAC) was over the .08% legal
limit, and there’s a lot of evidence against you?
The good news is that a
DUI arrest does not necessarily mean that you will face an automatic license
suspension, even if you made a mistake. That is, providing you secure
an experienced Orange County DUI defense attorney. Even if your case seems
hopeless, it may not be. There are many ways to fight, and win even the
most challenging of DUI cases!
What are the possibilities?
If you are convicted of DUI, the court will notify the DMV, who will then
suspend your driver’s license. However, if your DUI charge can be
reduced to reckless driving or another non-alcohol-related offense, you
won’t face a court-triggered license suspension.
If your DUI case goes to trial, and it yields a “not guilty”
verdict, or it is a mistrial or a hung jury, then you won’t be subjected
to a court-triggered license suspension.
As soon as you are arrested for DUI, you have just 10 days to request a
DMV hearing from the California Department of Motor Vehicles. If you fail
to request this hearing, the DMV can automatically suspend your license,
especially if your test results come back with a blood alcohol concentration
(BAC) of .08% or higher.
If you win the
DMV hearing, your license won’t be subject to an administrative license suspension,
but if you lose, it will be suspended for four months.
Applying for a Restricted License
If your license is suspended, you’ll want to obtain a restricted
license; this allows you to drive to and from work, during the course
of your employment, to school, and to California DUI school.
In order to obtain a restricted driver’s license, you must file an
SR22 form with the DMV; you could be required to maintain your SR22 with
the DMV for 3 years. The SR22 is a vehicle liability insurance document
required by DMVs for “high-risk” policyholders.
If you were arrested for DUI and you did submit to a chemical test, you
can usually apply for a restricted driver’s license in about 30
days. Unfortunately, if you refused to take a chemical test, you’ll
have a harder time of it. You won’t have any chance of obtaining
a restricted driver’s license during your 12 month revocation period.
Arrested for DUI? If you want to fight your charges,
the Law Offices of Virginia L. Landry, Inc. to schedule your
free case evaluation!