Tips To Avoid Drivers License Suspensions from DUI in California
Have you been arrested and charged with DUI in California? Among the most anxious considerations of such incidences is driver’s license suspension. While a first DUI in California doesn’t necessarily translate to automatic license suspension, you still have to do your part, challenge it, and enjoy full driving freedom. Enlisting professionals like Kazarian Law is crucial when dealing with a DUI charge, making it easier to navigate the court proceedings and DMV hearing.
If you’ve been arrested for a first-time DUI in California, you can prevent driver’s license suspension through:
Avoiding Conviction In Court
Avoiding a DUI conviction ensures you don’t get a court-triggered suspension for the first DUI charge. This is since a court conviction automatically triggers a suspension spanning six months as dictated by Vehicle Code 13352(a)(1). The judge doesn’t suspend, but the court notifies the DMV upon DUI conviction, leading to the suspension.
With your lawyer’s help, you can avoid conviction. The lawyer can review the evidence, develop a solid defense, and objectively argue in your favor. Moreover, they can pursue other means, such as having the DUI charge reduced to an offense other than driving under the influence, such as reckless driving. This eliminates the chance of a court-triggered license suspension. If the case goes to trial, your lawyer can help you get favorable results such as a not guilty verdict, a mistrial, or a hung jury, meaning no court-triggered license suspension.
Despite the suspension, DMV can allow you to continue driving if you install an ignition interlock device. With a lawyer by your side, you’ll have such information at your fingertips, making it easier to retain your driving freedom.
DMV Hearing
DMV doesn’t suspend your license once you are arrested. It automatically suspends it if you fail to request a hearing within the set period (10 days) or lose the hearing. Once you request the hearing before ten days lapse, you’ll get the temporary hold or stay on your license suspension. DMV will then attempt admin per se violation (APS) license suspension. Basically, it means the DMV can revoke or suspend the license if:
- You are a minor driving with blood alcohol content (BAC) at or above 0.01%
- Driving with BAC at or above 0.08%
- Refused chemical test after the DUI arrest
So, your license won’t be suspended if you submitted to the chemical test after arrest and the results show the BAC is below 0.08%. However, if the results show BAC at or above 0.08%, you’ll have to request for an MV hearing. The success chance at DMV hearings is slim. Nonetheless, with the help of a knowledgeable lawyer, you stand a chance to tip the results in your favor.
Upon winning, there won’t be any administrative license suspension. However, if you lose, the license will be suspended for four months. Nonetheless, under California Senate Bill 1046 (2018), DMV can grant you the driving privilege during the suspension period if you agree to install an ignition interlock device.
Losing your driving privilege can inconvenience your routine, to say the least. Don’t let the overwhelming process take a toll on you. Hire an experienced lawyer to help you get through the process and realize favorable results.
