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DUI Defense Lawyer Los Angeles - DUI InformationYOU MUST CALL THE DEPARTMENT OF MOTOR VEHICLES WITHIN 10 DAYS to preserve your right to challenge the Department's action against your license. It is important to understand, there are really two separate cases being prosecuted against you: the administrative and the criminal. In the administrative case, the Department of Motor Vehicles, is responsible for actions taken against your license, including, restriction and/or suspension of your driving privilege. In the criminal case the government is prosecuting you for violating the law and can result in jail, fines, an ignition interlock device being installed in the car, alcohol education classes, community service, impounding of your vehicle, or a combination of these things, depending upon the specific facts of your case. The Department of Motor VehiclesIf you are arrested for driving under the influence a peace officer believes you displayed the objective symptoms of intoxication and has requested you submit to a chemical test. If the chemical test determines your blood alcohol level is .08% or more, your driver's license will be taken by the officer at the time of your arrest. The officer will issue a 30-day temporary license which will allow you to drive, normally, while you ask for administrative review and appeal, if necessary, before your license is suspended. If you are arrested for driving under the influenceYOU MUST CALL THE DEPARTMENT OF MOTOR VEHICLES WITHIN 10 DAYS to preserve your right to challenge the Department's action against your license. In order to request an administrative DMV hearing you must call the Department of Motor Vehicles, Driver Safety Office nearest the place of your arrest. When you call the Department of Motor Vehicles you must request a hearing and a stay (a stay will allow you to drive until you have had a hearing and received notification of the hearing results, if it exceeds the 30 day temporary license you already received) of the suspension of your driving privilege. If you do not request a hearing with the Department of Motor Vehicles within 10 days of your arrest, your license will be automatically suspended 30 days after your arrest. Please understand, even if 10 days have passed, it may be possible to get a Department of Motor Vehicles hearing, depending upon the facts of your case. If you are beyond 10 days, contact the Department of Motor Vehicles to request a hearing immediately and contact a DUI defense lawyer in Los Angeles immediately to try preserver and protect your rights. Typically, if you lose the DMV hearing or fail to request a hearing, the Department of Motor Vehicles will suspend your privilege to drive for four months. However, you may be eligible for a restricted license after 30 days of your suspension. You must understand the state of California follows the implied consent law. This means that if you have been arrested for driving under the influence you must submit to a chemical test, blood or breath and in some cases urine (only if blood or breath are unavailable) to determine the alcohol content of your blood. If you fail to complete or refuse to take a chemical test your license will be suspended for one year. However, you are entitled to a hearing with the Department of Motor Vehicles, which also must be requested within 10 days of your arrest. To learn more about the issues at the DMV hearing click here.
If you would like to take advantage of free consultation with a California DUI defense attorney who is dedicated to your needs and is available to you 24/7/365, please contact the Law Offices of Scott R. Spindel at (818) 783-5200 or you can email me directly at srspindel@pacbell.net. 24 hours a day - 7 days a week - 365 days a year Call today for your free appointment and consultation. |
