Driving under the influence (DUI) arrests are serious offenses that carry severe consequences, one of the most immediate being the potential suspension of your driver’s license. In a bustling city like Los Angeles, where driving is a necessity for most, losing your license can drastically affect your daily life. If you’ve been arrested for a DUI, you may be wondering whether there’s any way to retain your driving privileges.
The good news is, yes, a DUI lawyer can significantly help you keep your driver’s license. However, the process is complex and time-sensitive, requiring legal expertise and an understanding of California’s DUI laws. In this blog post, we will break down how a DUI Lawyer can assist in protecting your license and what steps you should take immediately after a DUI arrest.
The Two-Part Process of a DUI Arrest Criminal and Administrative Penalties:
After a DUI arrest in Los Angeles, you face two types of penalties: criminal charges and administrative actions from the California Department of Motor Vehicles (DMV). Each of these has separate consequences that can affect your driving privileges.
Criminal DUI Penalties: These are the penalties you face in court, which can include fines, jail time, probation, and mandatory alcohol education programs. A conviction could also lead to a court-ordered suspension of your driver’s license.
Administrative DMV Penalties: This is the automatic suspension process triggered by the arrest itself, specifically if you fail a chemical test (such as a breathalyzer) or refuse to take one. The DMV can suspend your license independently of any criminal court decision, which means you could lose your license even if you are not convicted of a DUI.
It’s crucial to understand that these two processes operate independently of each other. This is where a skilled DUI attorney can step in to fight on both fronts to protect your license.
DMV Administrative Hearings: Why Time is Critical
Once you’ve been arrested for a DUI, the clock is ticking. You have 10 days from the date of your arrest to request a hearing with the California DMV to challenge the suspension of your driver’s license. If you fail to do this, your license will automatically be suspended after 30 days from your arrest date.
This DMV hearing called an Administrative Per Se (APS) hearing, is separate from your criminal court case. It’s designed solely to determine whether or not the DMV should suspend your license based on the evidence provided by law enforcement. A DUI lawyer can help by:
Requesting the hearing on your behalf within the 10-day window.
Gathering evidence, such as police reports and witness statements, to build your defense.
Representing you during the hearing to argue why your license should not be suspended.
The DMV hearing is your first opportunity to avoid losing your license, and without a DUI lawyer’s guidance, it’s easy to miss critical deadlines or fail to present a strong enough case.
How a DUI Lawyer Can Defend You at a DMV Hearing?
At the APS hearing, the DMV will consider several factors, including:
Whether the officer had reasonable cause to believe you were driving under the influence.
Whether you were lawfully arrested.
Whether you had a blood alcohol concentration (BAC) of 0.08% or higher, or whether you refused a chemical test.
A DUI lawyer can contest these factors by presenting evidence that challenges the legality of your arrest or the accuracy of the chemical tests. For example, your attorney might argue:
Improper Traffic Stop: If the police officer did not have reasonable suspicion to pull you over, the stop may be deemed unlawful, invalidating the evidence obtained afterward.
Faulty Test Results: Breathalyzers and other chemical tests are not always accurate. Your lawyer may question the calibration of the device used or whether the test was administered correctly.
Medical Conditions: Certain medical conditions, such as acid reflux or diabetes, can skew breathalyzer results, leading to falsely elevated BAC readings.
The goal of your lawyer is to convince the DMV that the suspension is unwarranted, which could allow you to keep your license pending the outcome of your criminal case.
Court Proceedings and Protecting Your License:
In addition to the DMV hearing, your criminal case will proceed in court, where you will face DUI charges. A conviction could lead to additional penalties, including a court-ordered suspension of your driver’s license. Here, too, a DUI lawyer plays a critical role.
Your attorney will work to:
Challenge the Prosecution’s Case: Much like the DMV hearing, your lawyer can contest the evidence used against you, such as the results of field sobriety tests or breathalyzers. If the evidence is weak, the charges may be reduced or dismissed.
Negotiate a Plea Deal: In some cases, your lawyer may be able to negotiate a plea deal that reduces the DUI charge to a lesser offense, such as reckless driving, which carries fewer penalties and may allow you to avoid a license suspension.
Fight for Alternatives to Suspension: In certain cases, a DUI lawyer can argue for alternative penalties that allow you to keep your driving privileges. This could include a restricted license that lets you drive to work or school, or participation in an alcohol education program in exchange for avoiding a suspension.
Restricted License Options:
Even if your license is suspended, a DUI lawyer may help you obtain a restricted license, which allows you to drive to specific places, such as work, school, or court-ordered programs. This is especially important in Los Angeles, where public transportation may not be a feasible option for many residents.
To obtain a restricted license, you may need to:
Complete a DUI education program.
Provide proof of insurance (known as an SR-22 form).
Pay a reissuance fee to the DMV.
A DUI lawyer can guide you through this process and ensure you meet all the requirements, so you can continue to drive legally during the suspension period.
Refusing a Chemical Test and Its Impact on Your License:
If you refuse to take a chemical test after being lawfully arrested for a DUI in California, you face automatic penalties under the implied consent law. Refusing the test can result in:
A one-year license suspension for a first-time refusal.
A two-year suspension for a second refusal within 10 years.
A three-year suspension for a third or subsequent refusal within 10 years.
Refusing a test also limits the defenses your lawyer can use in court since there is no BAC evidence to challenge. However, a DUI lawyer can still argue that the arrest was unlawful or that your refusal was justified based on confusing instructions from the officer or other factors.
The Benefits of Hiring a DUI Lawyer in Los Angeles:
With so much at stake, hiring a DUI lawyer after your arrest in Los Angeles is one of the best steps you can take to protect your driving privileges. Here’s how a lawyer can help:
Legal Expertise: DUI laws in California are complex, and an experienced lawyer understands the nuances of both the DMV and criminal court processes.
Navigating the System: A DUI lawyer knows how to navigate the Los Angeles court system and has relationships with prosecutors and judges that can benefit your case.
Reducing Penalties: Whether through a successful defense, a plea bargain, or alternative sentencing, a DUI lawyer can work to reduce the penalties you face, including the loss of your license.
Conclusion:
A DUI arrest in Los Angeles can have far-reaching consequences, but losing your driver’s license doesn’t have to be one of them. By acting quickly and hiring a reputable DUI Lawyer, you can challenge both the DMV and criminal court processes, potentially keeping your license or obtaining a restricted one.
Remember, the 10-day window to request a DMV hearing is critical, so don’t delay in seeking legal help. A DUI lawyer’s expertise can make all the difference in maintaining your ability to drive and navigating the legal complexities that come with a DUI charge.
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