DUI ATTORNEY & DMV DUI SUSPENSION
You have 10 days from the day of your arrest/cite for DUI to request a hearing with DMV or you will lose the right to a hearing and your license will be suspended if you were cited for: a blood alcohol content of .08 or higher; or if you refused a chemical test when requested by the police. As your attorneys, we would request the hearing on your behalf and litigate the hearing for you. If you have not hired an attorney within the 10 days then you MUST request the hearing yourself.
ADMIN PER SE HEARING
The hearing is conducted by an employee of the DMV who will act as both the prosecutor and the judge. The hearing is conducted in a similar fashion to a "court" trial. There are technical rules and procedures that need to be followed in order to have a chance at prevailing at the hearing. Because of this, it is always recommended that you hire an experienced attorney to represent you at the hearing. Please be aware that if you have a public defender, they will NOT represent you at the DMV hearing. You will need to retain a private practice attorney for the DMV.
The DMV and the Court are 2 completely separate entities. The DMV has absolutely no bearing on the court case. If the DA chooses not to file charge or chooses to reduce the charges, it does not affect the DMV. DMV can still suspend your license. The only time DMV must abide by the Court's decision is when the Court or a jury acquits (finds "not guilty") the driver of Vehicle Code 23152 (b), driving with a blood alchohol of .08 or higher. Yet another reason it is imperative to request a hearing with DMV.
The following are the applicable license suspsensions from DMV should you fail to request a hearing or lose at the hearing with DMV:
1ST OFFENSE SUSPENSION
A first offense DUI carries a 4 month suspension. However, you have the option of requesting a restrictive license to drive to and from work and during the course of work. If you choose to have a restrictive license then the suspension is for only 1 month (no driving at all for the first month) with an additional 5 months of restricted driving. In order to obtian a restricted license you must be enrolled in and participating in the First Offender Drunk Driving Program (DDP1).
2ND OFFENSE SUSPENSION
A second offense DUI within 10 years of a first offense conviction carries an 18 month license. The first 12 months is a total suspension. No driving of any sort is allowed. The final 6 months a restricted license is granted if the driver is enrolled and participating in the Multiple Offender Drunk Driving Program.
3RD OFFENSE SUSPENSION
A third offense DUI within 10 years of two prior DUI convictions carries a 3 year license revocation. After 18 months it is possible to obtain a restrictive license if you enrolled and participating in the Multiple Offender Drunk Driving Program.
4TH OFFENSE SUSPENSION
A fourth offense DUI within 10 years of three prior DUI convictions carries a 4 year license revocation. After 2 years it is possible to obtain a restrictive license if you are enrolled and participating in the Multiple Offender Drunk Driving Program.
Penalty for refusing a chemical test when requested by a peace officer is a 1 year license suspension with no option at a restrictive license. 2 years on a second offense and three years on a third offense.