How to Avoid License Suspension Following a DUI Arrest in California
- posted: Feb. 18, 2022
If you’re charged with driving under the influence of alcohol or drugs, you can lose your license even before your criminal case is heard in court. A four-month administrative license suspension is imposed by the Department of Motor Vehicles if a driver’s blood alcohol content (BAC) is .08 percent or higher. This loss of driving privileges, even temporarily, can seriously impact your work and personal life, and there are a few ways to avoid it.
If you are arrested for a DUI, you will be issued a pink “Notice of Suspension” that serves as a temporary license for 30 days. Following the arrest, you must contact the DMV within 10 days to request an administrative hearing and address your driving privileges. A new temporary license will be issued to you once you have requested the hearing and delay suspension of your license, pending the outcome. Failure to ask for a hearing will result in automatic license suspension at the end of the initial 30-day period.
At the DMV hearing, three main issues will be evaluated:
- Whether the officer had probable cause to pull you over
- If the officer followed the proper legal procedures when arresting you
- If you were operating a vehicle and had a BAC of .08 percent or more
If you are a first-time offender and do not succeed at the DMV hearing, you will be subject to a four-month license suspension. However, you may be eligible for a restricted license, which would allow you to drive to work or school. This typically involves installing an interlock ignition device in your vehicle.
To avoid a DUI conviction in court, you may be able to plead to a lesser alcohol-related offense — or you can move to suppress certain evidence if proper legal procedures were not followed. It’s best to have an experienced DUI attorney by your side who can advise you regarding the best course of action in your case.
With more than two decades of combined experience, Strategic Law Command is dedicated to providing aggressive advocacy and skillful counsel for clients facing DUI charges and license suspension throughout the Greater Sacramento area. Call (916) 787-1234 or contact us online to schedule a consultation at our Roseville office.