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? Is there any way to avoid the license suspension? Can you
get a restricted license so you can drive to work and DUI School?
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. 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 if I Am Found Guilty of DUI?
If you are convicted of DUI in Orange County, the court will notify the
California Department of Motor Vehicles (DMV), who will 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 if it ends up in a mistrial or a hung jury, you
won’t be subjected to a court-triggered license suspension.
Requesting a DMV Hearing
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. To obtain a restricted
driver’s license, you must file an SR22 form with the DMV. Please
note that you could be required to maintain your SR22 with the DMV for
three years. What is SR22? It’s 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, call the Law Offices of Virginia L. Landry, Inc. to schedule your free case evaluation!