THE KAVINOKY LAW FIRM

If you’ve been arrested for California DUI, you’re undoubtedly worried about the penalties you face, which can include fines, probation, alcohol education classes and even jail time. You also face a possible driver’s license suspension, which in many parts of California equals a loss of freedom. Fortunately, it may be possible to save your driver’s license after a California DUI arrest. The skilled California DUI attorneys of The Kavinoky Law Firm will do everything possible to protect your driver’s license and your freedom after a drunk driving arrest.

Many people are unaware that a California DUI arrest triggers two separate cases – in criminal court and at the DMV – and that both cases threaten your driver’s license. However, your California DUI lawyer can mount an aggressive defense to both cases, and fight to save your driving privileges.

Both of these cases require a comprehensive defense, but the DMV case is far more time sensitive. You have just 10 days after your California DUI arrest to request a DMV hearing. If you fail to request a hearing within that 10-day period, your driver’s license will be automatically suspended.

The DMV administrative per se, or APS hearing, is a civil proceeding, not a criminal trial. How your DMV APS hearing proceeds will depend on whether or not you submitted to a chemical test after your California DUI arrest.

If you took a breath or blood test after your California DUI arrest, as required by law, the issue at your DMV hearing will be whether your blood alcohol content (BAC) was .08 percent or greater. If the DMV hearing officer finds that your BAC exceeded the legal limit, your driver’s license will be suspended.

If you refused to take a chemical test after your California DUI arrest, the issue at your DMV hearing will be whether the arresting officer properly warned you of the consequences of refusing the test.  If the DMV hearing officer finds that you were properly advised of the consequences of a refusal, your driver’s license will be suspended.

The penalties you can face if you lose your California DMV hearing depend on whether you have prior DUI convictions and whether or not you refused a chemical test. If you took a breath or blood test and it was a first-time DUI arrest, your driver’s license will be suspended for four months if you lose your DMV hearing. If you refused a chemical test after a first-time DUI arrest, your driver’s license will be suspended for one year. The penalties increase if you have prior DUI convictions.

At one time, the California criminal courts had the power to suspend your driver’s license, but that authority now rests solely with the Department of Motor Vehicles. However, a driver’s license suspension can still be part of the punishment for a California DUI conviction – the suspension is simply administered by the DMV, not the courts.

There are several ways to get your driver’s license back after a California DUI arrest. The best way, of course, is to win your DMV hearing and beat your DUI charge in court. However, sometimes that’s not possible. Sometimes a skillfully negotiated plea bargain can prevent an order of suspension from the court, but you’ll still have to protect your driver’s license at the DMV. Restricted driver’s licenses that allow you to drive to work and other essential destinations are available in many California DUI cases.

Individuals arrested for California DUI who have commercial driver’s licenses face special issues after a drunk driving arrest. Your commercial license can be affected regardless of whether or not you were driving a commercial vehicle at the time of your DUI arrest. The legal limit for individuals driving commercial vehicles in California is .04 percent BAC – much lower than the legal limit for other drivers.

A drunk driving arrest puts your driver’s license at risk, but a skilled California DUI attorney will do everything possible to save your driving privileges. To learn more about possible ways to save your driver’s license after a drunk driving arrest, please contact a skilled California DUI lawyer from The Kavinoky Law Firm today at 1-800-NO-CUFFS for a free consultation.