According to California DUI laws, persons suspected of driving while inebriated have up to ten days within which they can request for a DMV (department of motor vehicle) hearing following their arrest. Once a DMV hearing has been requested, the suspected DUI offender automatically gets a temporary reprieve on the suspension. What this means is that you will be able to drive around California and other states normally without fear of being arrested for driving on suspended driver’s license. It is for this reason that you need to consider hiring an experienced California DUI attorney to not only represent you in a court of law, but schedule a DMV hearing on your behalf.
What Happens After Scheduling a DMV Hearing?
Once your DWI California lawyer has scheduled a DMV hearing, the California department of motor vehicle will mail you a notice of determination. Generally, there are two kinds of driver license suspension that a suspected DUI offender can receive:
- Suspension of your driver’s license by the DMV
- Court ordered suspension in the event you are found guilty of driving a car while inebriety
It is imperative that you seek the counsel of an experienced California criminal defense attorney, specializing in DWI cases if you are to get a better chance of obtaining a stay on your driver’s license. Unlike you, a DUI attorney is able to assess the finer details of the DUI case thereby enabling him or her to formulate a defense strategy that will probably work in your favor.
Understanding California Department of Motor Vehicle License Suspension
If you are arrested in suspicion of driving under the influence in California, the arresting officer is supposed to present you two choices:
- Chemical test or blood alcohol test
- Breathalyzer test
If either of the results indicates that your blood alcohol concentration level (BAC) is more than 0.08%, you can be arrested and charged for driving while intoxicated. Then again, you have the right to refuse to submit either to chemical or breathalyzer test. If this is the case, then the arresting officer has the right to confiscate your driver’s license, unless you are an out-of-state driver, after which he or she will issue you with a notice to appear before the California Department of Motor Vehicle. The notice issued by the arresting office serves three main purposes:
- A legal notice indicating that your driver’s license has been suspended henceforth
- A temporary driving license. The notice is only valid for 30 days after which you cannot driver within California
- An official explanation of the legislations as well as the department of motor vehicle procedures entailed
If this is your first DUI offense, your driver’s license can be suspended for a period of four months. Nonetheless, this can be lessened to 30 days followed by 150 days of work restriction so long as you can provide proof of DUI schooling alongside proof of SR-22 insurance. On the other hand, should you decline to submit to either breath or blood alcohol test then your driver’s license can be suspended for up to 12 months devoid of work restriction. If this is your second DUI offense in a period of ten years, your driver’s license can be suspended up to 12 months and up to 24 months should you decline to submit to a blood alcohol test.
About Guest Post Author:
Christopher J McCann is a respected DUI lawyer in California. You can visit his website at cjmdefense.com and OC DUI blog to learn more of his services or you can follow him on twitter at @cjm_law_firm to learn more about DUI laws.