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Subscribe to this list via RSS Blog posts tagged in suspended license

Posted on in DUI

San Jose criminal defense attorneyIf you have been charged with or arrested for driving under the influence (DUI) in California, you are likely aware of the long road ahead to have all of your driving privileges reinstated so that you can move forward with your everyday life and routines. Fortunately, with the help of a qualified lawyer, you can navigate the process more easily.

License Suspensions

Under California state law, an officer is required to immediately forward a completed license suspension notice to all relevant agencies when a person is arrested for DUI, including to the Department of Motor Vehicles. The DMV will immediately conduct a review of the suspension, including a review of any blood or chemical test results and an examination of the revocation order. If the review proves that the arresting officer followed all necessary protocol—and that the person was, in fact, driving under the influence of alcohol or drugs—the agency will approve the suspension. Once the charge passes this review, a person will be required to appear in court before a judge if he or she is interested contesting the suspension or revocation of his or her license.

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license suspension, San Jose DUI defense lawyerAfter you are arrested and charged with driving under the influence (DUI) or driving while intoxicated (DWI), the arresting officer may confiscate your driver’s license. The license will remain confiscated—out of your possession—throughout the entire revocation or suspension period. The period of revocation or suspension is determined by the DMV, upon conducting an administrative review. If the review concludes that your license should, in fact, be suspended for a period of time, you may contest the decision by requesting a hearing.

This is, of course, best done with the assistance of a qualified criminal defense attorney. The request for this hearing must be filed within 10 days of receipt of the suspension or revocation notice. If the hearing is unsuccessful and your driving privileges are rescinded, you will have to pay a $125 reissue fee to the California state DMV in order to have your license reinstated after the period of suspension has ended.

Temporary Licenses

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APS law, San Jose DUI defense lawyerIn 1990, a law was passed in California that made it possible for law enforcement authorities to immediately suspend the license of any person caught driving under the influence. This law, known as Administrative Per Se (APS), was implemented as a means to address and combat the state’s 1,500 annual crash-related deaths in which alcohol was a factor.

Underage DUI

The law is only applicable to drivers 21 years and older. If you are charged with a DUI under the legal drinking age, California has a zero-tolerance policy, meaning that regardless of whether your blood alcohol level (BAC) is above the legal limit, if there is any alcohol detected in your system whatsoever, you will be guilty of underage drinking and driving. This results in a one-year license suspension—again, regardless of whether your BAC was below the legal limit. If you are found guilty of DUI as an underage drinker and have at least the legal limit of alcohol in your system (.08 percent or more), you may also be subject to: 

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