DUI DMV Issues in California
San Francisco Bay Area,
California
Everyone arrested for DUI must be concerned about the DMV
administrative per se (APS) drunk driving hearing. Even if you don't
lose this hearing, you must be aware of what will happen if and when
you get a conviction in the criminal court for a misdemeanor or felony.
You can win at the DMV and lose at court - and you can lose at both
places. You can also win at both places with the right case and
attorney on your side.
As you probably already know, a driver arrested for DUI must contact
the DMV within the first 10 days after arrest to challenge the license
suspension - if you do nothing, you automatically lose the hearing and
your right to drive.
If you challenge the hearing, there are some defenses that may be
applied in your case to save, or minimize, the loss of your license.
In the APS hearing, a driver is faced with lose of license as a
punishment for being involved in a crime - defined usually as a blood
or breath alcohol level at or above .08%. If the person is under 21
years of age, the level is adjusted to .01% or more in the blood or
breath. And for professional drivers in their vehicles, the level is
.04% or more by weight of ethyl alcohol.
People who refuse to take the chemical or preliminary breath tests, can
be facing punishment for refusing the test. Usually other factors
influenced your choices when you were required to give a sample that
may save your right to drive.
Restricted work licenses are now governed by the DMV - and only on a
first offense are you entitled to one. Although a work license is given
to the 2nd offender, a 2nd offender must have completed one year of the
multiple offenders class prior to being eligible for this work license.
An SR22 insurance certificate is always required after a DUI conviction
or lose at the DMV APS hearing, most usually.
Because the hearing at the DMV is very technical, only a qualified
lawyer should be allowed to assist you. Knowing when and when not to
present evidence is the key - sometimes the DMV's case against you is
your win if you know the right objections and case names to cite to the
hearing officer.
Because the hearing officer is both the prosecutor and judge, the only
way to win is by having an attorney who know when to keep you home
instead of attending the hearing - do what your lawyer tells you to do!
Good luck on your case.
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DUI Criminal Defense
Lawyer - Senior Jury Trial
Lawyer DUI Attorney, Author & Web Publisher
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3200 Geary
Boulevard,
2nd Floor
San
Francisco, California 94118
Map
to Office
(415)
750-4350
(800) 763-7171
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Consultation
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Commercial Drivers
Look out commercial drivers - firefighters - schoolbus drivers! The
State of California recently changed the rules regarding DUI
convictions - and they've changed the definitions too. You must be
aware that if you get a DUI conviction, or lose a DMV DUI hearing, you
will lose your commercial license for one year, and if you get a
second, you lose your commercial license for LIFE. This is harsh, but
California was forced by the Federal Government to follow the Federal
truckers law.
Now, what is even worse is we're not talking about a commercial driver
in a commercial vehicle getting a DUI - this is punishment for a
commercial driver in their own private automobiles!
All I can say is this is bogus. You have no choice but to fight your
case with a decent lawyer.
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Getting Your Drivers License Back As Soon As Possible
After a DUI conviction you will receive a 6 month suspension of your
drivers license. At the DMV hearing, if you lose, you lose your right
to drive for 4 months on your first offense.
Because you have a right to a restricted work license on your first
offense if you have a California drivers license, you shouldn't have to
do more than 30 days without a license.
So here's how to do it. California Vehicle Code §13352.4 requires
the DMV to issue you a restricted license after you have spent 30 days
without a license and do 3 things - you must pay a reissue fee, you
must give them your proof of enrollment in at least the 30 hour DUI
class, and you must provide DMV with an SR22 insurance certificate.
If you are on your second offense with in 10 years of each other and
you are convicted, you cannot drive for at least one year, and, you
must have a year in the DUI class prior to issuance of the restricted
work license.
This license gives the holder the right to drive to and from, and
during, work - and it gives the right to go to and from the DUI class -
either the short one or the 18 month long multiple offenders class -
either way don't get caught driving on a suspended license or driving
against your restriction as this could land you in jail easily for a
new charge or a violation of probation.
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California DMV
Process for DUI Drivers