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Law Office of E. Michael Linscheid

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In this article, you will discover:

  • The effects of a DUI on your license;
  • The benefits of hiring an attorney after a DUI;
  • The intricacies of the legal process;
  • And more…

In California, Is Your License Automatically Suspended After Being Charged With A DUI Then Released From Jail?

After an arrest for driving under the influence in California, the arresting officer will seize the driver’s California license and issue a temporary license in the form of a pink document. The temporary license is valid for 30 days from the arrest date.

To prevent the suspension of driving privileges, the driver will need to take further action before the temporary license expires. The driver or their attorney must contact the local driver safety office within ten days of the arrest by phone or by fax to request an administrative per se hearing. As part of the request to DMV, the driver may ask for a stay of the suspension of your driving privilege or a hold on any suspension.

If your license is suspended following an administrative per se hearing, it will be suspended for four months for first-time offenders.

To sum it up, following a DUI arrest, the driver’s license is still valid in the same manner as it was before the arrest for 30 days. To maintain your driving privileges for longer than 30 days, the driver must contact the Department of Motor Vehicles within ten days of the date of the arrest. The license will remain unencumbered unless the driver is convicted in court or the DMV takes further action.

How Soon Should Someone Contact An Attorney After A DUI Arrest In The San Francisco Bay Area?

It is essential to immediately consult with and retain an attorney following an arrest for Driving Under the Influence.

An experienced DUI lawyer can:

  • Advise as to the best course of action for the days initially following an arrest;
  • Contact the Department of Motor Vehicles to request a hearing within ten days of the date of the arrest;
  • Work to prevent the immediate suspension of driving privileges;
  • Provide guidance for legal proceedings and the proper steps given the specific circumstances of the case;
  • and much more…

How Are DMV Hearings Requested In The San Francisco Area?

DMV hearings to prevent the suspension of driving privileges can be requested by contacting the local DMV Driver Safety office via phone or fax within ten days of the date of a DUI arrest.

If retained promptly, a qualified DUI attorney can make that contact on a driver’s behalf and contact the appropriate DMV driver safety office to request the admin per se hearing.

Does Refusing A DUI Breath Or Blood Test Have An Impact On The Driver’s License In California?

If arrested for Driving Under the Influence, refusing to submit to the blood or breath test can, on a first time offense, lead to the loss of license for one year without the possibility of obtaining a restricted license.

However, a qualified DUI attorney can evaluate the discovery received from the DMV to determine whether the arresting officer correctly provided a choice of chemical tests. A qualified attorney will also conduct an independent investigation into the chemical testing devices and whether the traffic stop or detention was justified. An attorney can analyze whether the test was administered adequately, as particular requirements must be met.

If a proper challenge is made to an allegation of refusal to submit to a chemical test, the suspension of driving privileges will be set aside or dismissed. Successful challenges to a refusal can include that the officer failed to provide a complete admonition, failed to provide a choice of tests or the officer created confusion while admonishing as to the chemical testing requirements.

For more information on Driver’s License Consequences For DUI In CA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 728-9982 today.

E. Michael Linscheid, Esq.

Call Now For A Personalized Confidential Consultation!
(415) 728-9982

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