Do You Lose Your License Immediately After a DUI?

Do you lose your license immediately after DUI

Even though it is good news that convictions for drunk driving have dropped significantly during the past few decades, many people still drive under the influence of drugs or alcohol. If you get charged with a DUI in California, you could face revocation of your license.

Many factors will decide whether you lose your license immediately after a DUI arrest, but there is a high likelihood that your license will be suspended at least temporarily.

At Hurwitz Law Group, we can provide a California DUI defense lawyer to protect your rights following a DUI arrest. Learn more about how a California DUI defense attorney can represent you, and give us a call to schedule a case consultation.

Can You Save Your Driver's License After a DUI Charge?

Yes, you can save your driver's license after you get charged with a DUI. Remember that you cannot be punished for anything unless you are convicted. Just because you are facing charges doesn't mean your license is going to be taken away, but it does mean that you need to reach out to a California DUI attorney who can help you.

At Hurwitz Law Group, our California DUI lawyer can review the circumstances of your case and work with you to formulate the best possible defense. That way, we can prevent your license from being suspended and get your charges dropped altogether.

You only face a suspension or revocation of your license if you are convicted. You cannot have your license taken away just because you are charged.

What Happens During a DUI Stop?

What happens during DUI stop

If you are pulled over under the suspicion of driving while under the influence, a few steps will happen. If you are driving late at night, there is a higher likelihood that you will get pulled over.

Then, suppose the officer smells alcohol on your breath or has reason to believe you are grossly intoxicated. In that case, the office will ask you questions about where you are coming from, where you are going, and whether you have been drinking.

You can decline to answer these questions, but the officer may ask you to submit to a field sobriety test. In California, you are not required to submit to a field sobriety test, and they are unlikely to help you.

You can also decline if the officer asks for a breath test. These tests are not required by law, which means the officer doesn't need these results to arrest you.

If the officer has reason to believe you are grossly intoxicated, the officer may decide to arrest you automatically. If the police officers decide to arrest you, you should cooperate. The officer may collect blood or urine to test for alcohol. If you refuse these tests at the station, the officer could take your license away. 

Will Your License Be Suspended Upon a DUI Conviction?

If you get convicted of a DUI in California, your license will get suspended. The length of the suspension will vary depending on some factors, including the previous offenses you have. 

You must contact a Los Angeles DUI defense lawyer as quickly as possible. We can negotiate a more favorable plea agreement even if you are guilty. 

How Can You Challenge the Suspension?

Yes, you are allowed to challenge the suspension. In this case, you should work with your Los Angeles DUI defense attorney to file an appeal with the DMV or Superior Court in the county in which you reside. There is no guarantee that your appeal will be granted, but the suspension will be set aside if it is.

Once you have requested an appeal, you must file an administrative review at least 15 days after the hearing officer's decision. While there is no guarantee your appeal will be successful, you may have a greater chance of winning your appeal if you work with a Los Angeles DUI lawyer. 

What Happens at the DMV Hearing?

You should view a DMV hearing challenging an administrative license suspension as a court case. Before the hearing, you will work with your Los Angeles DUI attorney to formulate the strongest possible defense.

Some of the steps involved in the hearing include:

  • You will be informed of the legal grounds for the decision of the DMV.
  • You will be allowed to challenge the evidence before the DMV.
  • You will also have a chance to present your evidence.
  • If witnesses are backing up your story, you can call on them to testify.

The DMV still has the final say regarding what happens, and you will not necessarily have a jury of your peers deciding your fate. That is why you need to put your case in the best position possible to be successful by working with an experienced DUI defense lawyer. 

What Issues Could Come Up During the Hearing?

You can raise a few issues that could put your case in a more favorable position. Some of the strategies your DUI defense attorney may use when you go to the DMV for your administrative hearing include:

  • You may claim that the police did not follow appropriate procedures when administering the tests to measure your blood alcohol level. 
  • You may be able to present evidence showing that the officer did not have a right to pull you over.
  • You could also present exculpatory evidence showing you were not under the influence when pulled over. 

You only get one chance to convince the DMV to give you your license back, so you need to work with a defense lawyer who can help you formulate the strongest possible defense. 

How Long Will Your License Be Suspended?

How long will your license be suspended

The exact temporary license suspension period will vary depending on the number of offenses on your record. A few general guidelines to remember include:

1st Offense

If you are convicted of a DUI for the first time, your driver's license suspension will last one year.

2nd Offense

If you are convicted of a second DUI offense within 10 years, your administrative suspension will last 2 years.

3rd Offense

If you are convicted of a third DUI within 10 years, your license will be revoked for 3 years.

4th or Subsequent Offense 

If you are convicted of a 4th DUI in 10 years, you may face a four-year license revocation, and you could also have an ignition interlock device placed on your vehicle. 

What Are the Potential License Ramifications for a DUI Conviction?

If you find yourself convicted of a DUI, you will almost certainly have your license suspended, regardless of the number of offenses on your criminal record.

In addition, if you have multiple DUI charges, you may have difficulty getting your license back. You will likely be required to attend DUI school, and you must prove that you have successfully completed those classes to get your license reinstated.

Until When Should You Request a Hearing After Your Arrest?

You need to request a hearing as soon as you receive a notice indicating that your driving privileges have been suspended due to a DUI. You only have 10 days to file your appeal request, which is why you need to remain in close contact with your Los Angeles DUI defense lawyer. 

If you want your chance to get your license reinstated, you must file your notice of appeal as quickly as possible. 

What Legal Defenses Can You Present in a DMV Hearing to Preserve Your Driving Rights?

What legal defenses can you present in a DMV hearing

For your license to be suspended, the DMV hearing officer will need to prove that the arresting officer had probable cause to pull you over, that the officer had a legal reason to place you under arrest, and that your blood alcohol concentration was 0.08 or greater at the time you were driving.

On the other hand, there are some defenses you can use to derail their case at multiple points. Some of the defenses that your criminal defense attorney may be able to raise include the following:

  • The officer did not have probable cause to pull you over.
  • The officer committed an illegal search and seizure.
  • The checkpoint where you get arrested was set up illegally.
  • You were not operating a motor vehicle when the test was taken.
  • The officer did not advise you of your right to refuse a blood, breath, or urine test.

We can work with you to determine which defense will most likely succeed in your case. 

How Can a Criminal Defense Attorney Help You Keep Your License?

You need to contact a criminal defense lawyer in California as quickly as possible for help keeping your license.

A criminal defense lawyer has intimate knowledge of the justice system and the DMV, and he can use that experience to help you formulate the strongest possible defense. A criminal defense lawyer can also cross-examine the police officer, call witnesses to testify, and formulate a compelling argument to help you keep your license. At the Hurwitz Law Group, we would be honored to represent you.

Secure Your Driving Rights and Call Our DUI Defense Attorney at Hurwitz Law Group Now

DUI defense attorney

If you want to keep driving rights following DUI charges, you must count on the Hurwitz Law Group.

We can help you formulate a strong defense in the courtroom and during your DMV hearing. That way, we can help you keep your driving rights.

Give us a call today to schedule a free consultation.

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