At the DMV Hearing, the hearing officer will consider the following questions in determining whether suspension of your license is valid:
Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of the California Vehicle Code, sections 23140, 23152 or 23153?
Were you placed under lawful arrest?
Were you driving a motor vehicle and did you have a 0.08% or more by weight of alcohol in your blood or (0.05% or more if under age 21)?
Your suspension must be set aside if the above requirements are not satisfied. If the above requirements are satisfied, we may be able to help you avoid suspension by establishing that your rights were violated or that the arresting officer failed to properly administer the DUI test. If the DMV suspension cannot be set aside, our attorneys will work to have the suspension period reduced and to help you obtain a restricted license that allows you to drive to work.
We understand that suspension of your driver’s license has a serious impact on your life and we are committed to defending your rights against administrative suspension. Our experienced Los Angeles DUI attorneys can help you understand your rights and can provide you with skilled representation at your DMV hearing.
Contact us for a FREE DUI Consultation and to learn how we can help you avoid suspension of your license.
Period of DMV Suspensions for DUI arrests
1st DUI offense: 6 month license suspension
2nd DUI offense within 10 years: 2 year license suspension
3rd DUI offense within 10 years: 3 year license suspension
4th DUI offense within 10 years: 4 year license suspension
What if you refused to submit to the breathalyzer or blood test?
If you are pulled over for a DUI/OVI and refuse to submit to the breathalyzer, you face an Administrative Per Se suspension (“APS”). Under California’s implied consent law, if the officer had probable cause to believe that you have been drinking and driving, your refusal to submit to a breathalyzer or blood test will result in an APS for at least one year. You are not eligible to receive a restricted license or driving privileges if you are subject to an APS suspension your refusal to take the breathalyzer or blood test.
Period of Suspension for Refusal:
Drivers of at least 21 years of age:
A first offense will result in1-year suspension.
A second offense within 10 years will result in 2-year revocation.
A third or subsequent offense within 10 years will result in 3-year revocation.
Drivers under 21 years of age:
A first offense will result in 1-year suspension.
A second offense within 10 years will result in 2-year revocation.
A third or subsequent offense within 10 years will result in 3-year revocation.
You have a right to challenge this suspension, but you must exercise your rights promptly. Our LA County Experience can increase your chances of successfully beating the ALS.