The Department of Motor Vehicles (DMV) can revoke a person's driving
privileges immediately for commission of certain offenses. Those offenses include:
- Leaving the scene of an accident involving injury or death
- Felony committed with a motor vehicle
- Reckless driving causing bodily injury
- Convictions under § 23152 of the vehicle code (DUIs)
- Accruing too many points against your driver's license
- DUI under the age of 21
- Refusing a breath test
If you or someone you care about has recently been notified of a driver's
license suspension, there is still hope. With the help of an Orange County
DUI lawyer at The Law Offices of Virginia L. Landry, we can help you request
a DMV hearing (within ten days of your arrest) to contest the suspension.
You may also be able to petition for restricted driving privileges if
the restriction causes undue hardship.
If you have just been arrested for a DUI, you have ten days within the
receipt of the suspension or revocation order to request a hearing with
the DMV. During an arrest, a law enforcement officer will confiscate the
driver's license. The license can only be returned at the end of the
suspension or revocation period provided that the driver pays a $125 reissue
fee and file a proof of financial responsibility. If you are successful
at the DMV hearing, your license will be returned to you.
Until your license is returned to you, the officer will give you a temporary
driving permit that is good for 30 days. If you took the chemical test
and the results showed a blood alcohol concentration of .08 percent or
higher, your license will be suspended for four months. Second or subsequent
offenses within ten years will warrant a one-year license suspension.
Drivers who refuse to take the chemical test after being lawfully arrested
for DUI will face an automatic one-year license suspension, provided that
the refusal is not successfully contested at the DMV hearing. Second refusal
offenses within ten years warrant a two-year revocation and 3+ within
ten years warrants a three-year revocation.
Administrative per se immediate driver license suspension or revocation is a program that the state of California adopted in 1990 to further crack
down on drunk driving. The admin per se (APS) laws apply to drivers over
the age of 21 who commit offenses warranting immediate suspension of driver's
license. If you or someone you care about has recently been notified of
a driver's license suspension or revocation, get in touch as soon
as you can with an Orange County DUI attorney from The Law Offices of
Virginia L. Landry. We provide free case evaluations.