California DUI DMV Hearing
The Law Offices of Lawrence Wolf have been helping individuals charged with drunk driving crimes for over 40+ years. Mr. Wolf has both prosecuted and defended thousands of adults and juveniles charged with DUI, license suspension, drunk driving, driving while intoxicated and vehicular manslaughter crimes. Los Angeles DUI defense attorneys Lawrence Wolf has been a pioneer in developing all forms of alternative sentencing such as house arrest and diversionary programs. He has established relationships with Judges and District Attorneys throughout Los Angeles, Orange and Ventura Counties.
Your Los Angeles drunk driving arrest depends on what the police see, hear and do, but your freedom can depend on your Los Angeles DUI defense attorney.
When you are arrested for drunk driving in Los Angeles, the arresting officer will give you a “notice of suspension” at the time of your DUI arrest. What this means, is that your driving privileges will be automatically suspended by DMV for 30 days from the date of the noticeUNLESS you schedule a DMV hearing within 10 days and request that the suspension be stayed.
Following your arrest, it is your duty to submit your DMV hearing request form directly to the DMV. This form merely explains the general nature of the DUI charges, such as the date and physical location of the arrest, and the name and badge number of the officer who arrested you. The DMV hearing request form also states that you insist on having a DMV hearing within 30 days and you demand to be heard in person. To ensure that there are no issues with this process, you should send the form by certified mail or deliver the form in person to a DMV field office and make sure that you get a receipt.
At Your California DMV Hearing
At the DMV, it is very important that you do not volunteer any information regarding your arrest or case. Remember that it is up to the state to prove that they have reason to suspend your California driver’s license; just as it is the police officer’s duty to prove that they had reason to pull you over in the first place.
No matter what the charges, an accomplished Los Angeles drunk driving defense lawyer will be able to dispute breathalyzer accuracy and results, field sobriety test results, and other case related factors that resulted in your arrest.
Unlike other crimes in the U.S., the government allows a DUI to be tried twice, which would be during your DMV hearing and in the criminal court. You may be penalized by both the DMV and the court, and your penalties will increase if you have been convicted of one or more prior DUIs.
In California, if your chemical test results in a BAC of 0.08 or more for your first offense, the DMV has the right to suspend your driver’s license for four months. There is a possibility that you may be able to acquire a restricted driver’s license, which allows you to drive to specifically designated locations, such as your school or place of employment. If you refused to submit to a chemical test, your license can and most likely will be suspended for up to one year.
In the State of California a drunk driving conviction will stay on your record for seven years, therefore following a second DUI offense in California, your license will be revoked for twelve months. If you refused to submit to a blood or breath test at the time of your second DUI, your driver’s license will be revoked for two years.
If you have been found guilty of a third drunk driving offense within a period of seven years, your driver’s license will be revoked for a two year period, or three years if you refused to submit to a blood or breath test.
Your license will be revoked for two years if it has been proven that you committed a third drunk driving offense within 7 years. If you refuse a chemical test at the time of your arrest, your license will be revoked for a total of three years.
A fourth drunk driving offense in California will result in a felony and as a penalty, your driver’s license will be revoked for four years.
Depending upon certain factors in your California DUI case, you may be affected by enhancements, which will result in more severe consequences. Some examples include being in a DUI accident which causes an injury and driving under the influence with an occupant who is under 14 years old.
If you have been charged with drunk driving in Southern California you have a lot at stake, and should contact and hire a skilled Los Angeles DUI defense attorney immediately to ensure that your legal rights are aggressively defended.
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