In this article, you can discover:
- How taking or refusing a breath test can affect your driver’s license
- When an ignition interlock is required in a DUI case
- The ways in which a DUI attorney can help protect your driving privileges
What Happens To My Driver’s License If I’m Charged With DUI After Taking A Breath Test?
When a breathalyzer test shows that you are over the legal limit, the police have the authority to take your driver’s license away. Your license can also be confiscated by the police if you fail a blood test.
Whether the police take your driver’s license away or not, the DMV will seek to suspend your license. However, you have the right to fight this suspension at a DMV hearing called an “administrative per se hearing.”
If the judge rules in your favor at the DMV hearing, your driver’s license will be reinstated. If you lose the hearing, the length of your license suspension will depend on your criminal record. For a first-time DUI, your license will be suspended for four months. If you have had a DUI in the past, your license could be suspended for up to one year.
What Are The Consequences To My California Driver’s License If I Refuse A Breathalyzer?
If you refuse a breathalyzer, the DMV will seek a “hard suspension” of your license for one to two years. A hard suspension means you will not be eligible for a restricted license during the suspension period.
Even though the potential penalties are harsher in refusal cases, you still have the right to a DMV hearing. At the hearing, your attorney can fight to have your full driving privileges restored.
Do I Need A DUI Attorney To Protect My Driver’s License In California?
Like your criminal case, a DMV hearing involves many complex legal issues. If you want to protect your right to drive, it is important to have an experienced DUI attorney who understands those legal issues.
Some of the legal issues considered at a DMV hearing include:
- Whether there is reasonable cause to believe you were driving under the influence,
- Whether your arrest was lawful,
- Whether your blood alcohol concentration was .08 or more at the time you were driving, and
- Whether the police warned you of the consequences of refusing a breath test.
The decision of whether to suspend your driver’s license is strictly legal. The court will not take into consideration any sympathetic reasons you have for needing a license. For example, the court will not consider things like:
- Whether you need to drive to get to work,
- Whether it’s your first offense,
- Whether you’re a good person, or
- Whether you have kids who need to be driven to school.
Why Are The First Days After A DUI Charge Critical To My Driver’s License?
In California, you must request a hearing from the DMV within 10 days of being charged with a DUI. If you miss the deadline, you lose the right to a hearing and your driver’s license will automatically be suspended after 30 days.
Can I Represent Myself At A DMV Hearing?
While you are not required to have an attorney, it would not be wise to represent yourself at a DMV hearing. The DUI laws in California are complicated and the court will only consider certain legal arguments. A knowledgeable lawyer will know the specific laws that apply to your case and the best strategy. This will give you the best chance of getting your license back.
What Is An Ignition Interlock Device?
An Ignition Interlock device is designed to prevent you from driving drunk. It connects to the ignition in your vehicle and measures your blood alcohol content (BAC). Once it is installed, you must blow into the device before your vehicle will start.
If the ignition interlock device detects alcohol on your breath, your vehicle will not start. In addition, the device will generate a violation report. This could result in the court and/or DMV being notified that you tried to drink and drive in violation of the law.
Attorney Matthew Cargal is a highly experienced criminal defense attorney helping anyone accused of DUI, battery, domestic violence, and other crimes throughout LA County and Southern California. A recognized expert on DUI defense law, with hundreds of cases and trials under his belt, Matthew Cargal hopes to help everyday Americans understand and defend their rights by sharing insights from his considerable experience. Connect with The Law Offices Of Matthew Cargal to stay up to date on the latest developments in criminal defense law so that you, too, can benefit from his insights into California criminal law. Call Now At
(626) 648-5004.
Am I Required To Have An Ignition Interlock Device Before I Go To Court On My DWI?
In California there are many companies with misleading advertisements about their ignition interlock devices. These money-making gimmicks are designed to trick you into believing that you have to get an interlock device after being charged with DUI. The truth is, you are only legally required to have an interlock device if the court or the DMV orders it.
What Happens To My California Driver’s License If I Am Convicted Of A DUI Charge?
Even if your license was suspended when you were first charged, a DUI conviction will result in an additional suspension. If this is your first DUI conviction, your license will typically be suspended for four months. If this was not your first offense, your license could be suspended or revoked for up to 10 years. The outcome will depend on how many priors you have.
Is It Possible To Get A Permit For Driving To Work After A DUI Suspension In California?
In most instances, you are entitled to get a restricted license after a DUI suspension. However, to get a restricted license, you may be required to install an ignition interlock device in your vehicle. The DMV will only issue a restricted license with no interlock requirement if:
- It is your first DUI offense, and
- You will only be driving to and from work.
If you have a previous DUI conviction, you must have an interlock device to get a restricted license. This is true even if you just want to use the license to drive to work.
Can Hiring Your Firm To Handle My DUI Help Minimize The Impact On My Driving Record?
A DUI can negatively impact your driving record in many ways. If your license is suspended after a DMV hearing or conviction, the suspension will go on your record. In addition, a conviction will result in two points being added to your record.
When points are added to your driving record, additional negative consequences can occur. In California, you are only allowed four points on your license per year. If you get more, the DMV will suspend your license again.
The attorneys at our firm know that losing your license can have devastating effects. If you have been charged with DUI, we will do everything in our power to help you keep your driving privileges. Because we are experienced in DUI cases, we know the best legal steps to take. We will use our extensive legal knowledge to help minimize or eliminate the negative impact on your driving record.
For more information on Criminal Cases Handled In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 648-5004 today.
Attorney Matthew Cargal is a highly experienced criminal defense attorney helping anyone accused of DUI, battery, domestic violence, and other crimes throughout LA County and Southern California. A recognized expert on DUI defense law, with hundreds of cases and trials under his belt, Matthew Cargal hopes to help everyday Americans understand and defend their rights by sharing insights from his considerable experience. Connect with The Law Offices Of Matthew Cargal to stay up to date on the latest developments in criminal defense law so that you, too, can benefit from his insights into California criminal law. Call Now At
(626) 648-5004.
