DUI & Suspended License in Orange County
If you have been arrested for drunk driving in Orange County, you face the very real possibility of losing your driving privileges. In California, driving is considered a privilege, not a right. Individuals who place this privilege at risk by driving under the influence of alcohol or drugs may be penalized.
When faced with this situation, you must take action to protect your driving privileges by hiring an aggressive DUI attorney from the Law Offices of Virginia L. Landry.
When Can a License Be Suspended?
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.
License Suspension After Blood/Breath Test REfusal
License suspension is one of the most common results of DUI, even if a person doesn't end up being convicted. Under California law, when a person first receives their license, they agree to submit to a blood or breath test if a police officer requests it in a legal concept called implied consent. If a driver refuses to take a blood or breath test after a police officer requests it, this is in violation of the implied consent agreement.
How Long Will a License Be Suspended?
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.
The DMV or court can increase the punishment if they find that you refused a breath/blood test.
Temporary Driving Permit
Until your license is returned to you, the officer will give you a temporary driving permit that is good for 30 days. At the end of this period, your the license suspension goes into full effect.
How Do I Get My Suspended License Reinstated?
According to the California Department of Motor Vehicles (DMV), driver's licenses can be returned after people have completed the duration of their suspensions or revocations. However, people will have to pay a reissuance fee of $125 and file a proof of financial responsibility.
If people are under the age of 21, they only have to pay a reissuance fee of $100.
In cases where it is proven that peoples' cases do not warrant license suspension or revocation, licenses are returned without people having to pay a fee.
Fighting License Suspension in Orange County
Whether you are currently facing DUI charges in Orange County or have been cleared of DUI but are now at risk of losing your license because you refused to take a blood or breath test, you need to speak with an Orange County DUI attorney at the Law Offices of Virginia L. Landry. The hearing concerning your driving privileges will be held at the Department of Motor Vehicles, which is a separate hearing from the criminal proceeding. Having a skilled lawyer representing you during your DMV hearing will greatly improve your odds of success.
Only a lawyer skilled in DUI defense will know what to do to give you the best chance of retaining your driving privileges. If you would like help fighting a suspended license following a drunk driving arrest, contact us today!