WARNING! YOU HAVE 10 DAYS FROM THE POINT OF YOUR ARREST TO CONTACT AN ATTORNEY
If you are arrested for any of the driving under the influence crimes your license will be suspended before you are convicted. You will receive notice in the mail indicating that your license will be suspended 30 days after the date you are arrested. The suspension will take place automatically UNLESS you request a hearing with the DMV within 10 days of your arrest.
At your DMV hearing you will have to convince the DMV to overturn your suspension. If you fail to convince the DMV your privilege to drive in the state of California will be revoked, EVEN IF, your charges are reduced, or the judge dismisses your case. The suspension time will vary depending on some of the particulars of your case and any prior convictions or suspensions you may have.
No Prior Convictions or Suspensions
If you have no prior DUI conviction or suspension, including suspension for refusal to submit to a chemical test, and your blood alcohol was over 0.08%, your license may be suspended for up to 6 months. If you refused the chemical test, your license will be suspended for 1 year.
One Prior Conviction or Suspension
If you have one prior DUI conviction or suspensions, including a suspension for refusal to submit to a chemical tests, and your blood alcohol was over 0.08% your license may be suspended up to 1 year. If you refused the chemical test, your license will be suspended for 2 years.
Two or more Prior Convictions or Suspensions
If you have two or more prior DUI convictions or suspensions, including suspensions for refusal to submit to a chemical tests, and your blood alcohol was over 0.08% your license may be suspended 2 years. If you refused the chemical test, your license will be suspended for 3 years.
Restricted License
If you are over 21 and you do not have a prior DUI conviction or suspension, including a suspension for refusal to submit to a chemical test, you may be issued a restricted license that will allow you to drive to work, and to an alcohol treatment program if they enroll in such a program, following a 30 day license suspension.
Conclusion
The punishment for driving under the influence is serious. You can easily lose your driving privileges AND your car may be impounded for a month. You will need a qualified lawyer to evaluate the merits of your case, determine your best course of action, and assist you with your license suspension and/or car impoundment. Don’t risk it all. If you have been arrested for driving under the influence I will gladly give you a free evaluation of your case. I provide quality legal services at an affordable price.