Understanding the DMV Hearing Process
When you’re arrested for a DUI, the DMV starts a process separate from your criminal case. You must request a hearing within 10 days of your arrest date, or you’ll face automatic suspension. This administrative hearing focuses on your driving privileges and follows different rules from the court. The DMV reviews the information provided to determine if:
- The officer had reasonable cause to believe you were driving under the influence
- The arrest followed proper procedures under current laws
- Your breath test showed alcohol over the legal limit
Having a lawyer at this hearing makes a real difference. Without legal help, most people lose their licenses. With a lawyer who knows how to challenge the evidence, you have a much better chance of keeping your driving privileges.
The DMV hearing is your opportunity to fight your license suspension before it starts. When you receive a suspension notice by mail, you need to act quickly to protect your interest in continuing to drive.
Common Defense Strategies Against License Suspension
We use several proven methods to fight license suspensions:
- Checking if the breath test device was properly maintained
- Verifying that the officer observed you for 15 minutes before testing
- Looking for issues with blood test timing or handling
- Confirming that you were informed about the consequences of test refusal
In many cases, we’ve successfully proved that our client’s blood alcohol levels were still rising during testing, meaning they were below the legal limit while driving. These challenges often help clients keep their driving privileges and avoid penalties.
Will I Lose My Job Because of a DUI Conviction?
Concerns about job security are often the biggest worry for a person with a suspended license. While a DUI doesn’t automatically lead to job loss, some positions face higher risks. If your work requires driving, having your license suspended creates obvious problems. Even in other jobs, transportation difficulties can affect your reliability.
Some professional licenses may also be affected by DUI convictions. Being honest with your employer is often best. About 30% of people with DUIs report some job impact, but many employers will work with valued employees who address the connection between their license status and job duties. Consulting with an experienced attorney can help you face these challenges effectively.
Employment Risks for Drivers With Suspended Licenses
Some jobs have high risks of license suspensions:
- Commercial drivers and delivery workers
- Sales representatives who visit clients
- Healthcare workers traveling between facilities
- Government employees with security clearances
- Anyone who drives company vehicles or motor vehicles for work
Many company insurance policies won’t cover drivers with a suspended license or too many points on their record. California laws generally allow firing employees who can’t perform essential job functions. Our services related to license suspensions include helping you notify your employer and developing strategies to maintain your employment.
Protecting Your Career During License Suspension
To keep your job during a license suspension, plan alternative transportation immediately. Consider:
- Public transit
- Carpooling with coworkers
- Rideshare services
- Temporary relocation closer to work
Request work-from-home arrangements or modified job duties. Keep records of all steps you take to address your DUI case, such as completing alcohol education programs. This shows responsibility to your employer. Be open about your situation and your plan to continue performing your job duties despite transportation challenges.
In some cases, you can obtain a hardship license specifically for commuting to work. This restricted license allows you to continue driving for essential purposes while your regular license is suspended.
How a DUI Conviction Affects Your Driving Privileges
A DUI arrest triggers two separate suspension processes: an immediate DMV administrative suspension and a court-ordered suspension if convicted. The DMV suspension can begin 30 days after arrest if you don’t request a hearing or if you lose your hearing. Court suspensions begin after conviction.
First-offense violations usually face shorter suspensions and may qualify for a restricted license sooner than repeat offenders. When you receive a traffic ticket for DUI, it triggers a review of your driving record that can lead to suspension based on the violation and any previous points.
Mandatory Suspension Periods for First Offense
For your first DUI offense in California, the DMV typically gives a four-month suspension. If you refuse a chemical test, this extends to one year with no chance of a restricted license. For standard cases, you may get a restricted license after 30 days if you:
- Install an ignition interlock device
- Enroll in a DUI program
- File SR-22 insurance
- Pay all required fees
Higher blood alcohol levels (0.15% or above) can lead to longer suspensions. After six months, you can apply to have full driving privileges restored if you’ve completed all required programs.
Extended Suspensions for Repeat DUI Offenses
Second DUI offenses within 10 years bring a two-year suspension, while third DUI offenses result in a three-year suspension. Fourth offenses can lead to a four-year suspension or even having your license revoked permanently. For repeat offenders, the wait for restricted license eligibility is longer, typically one year for a second offense.
Multiple offenses also require mandatory ignition interlock device installation. These increasing penalties show why fighting each DUI charge is so important, as prior convictions greatly increase future consequences.
DUI Offenses and License Suspension Exceptions
While license suspension usually follows a DUI arrest, some situations might qualify for exceptions. Medical emergencies where driving was necessary might serve as a defense. If you can prove you weren’t actually driving, you might avoid suspension.
If police made mistakes during your arrest or testing, we may be able to prevent license suspension. Our team looks for these special circumstances that might help your case. Challenging a license suspension requires filing specific forms with the DMV by the deadline to request a hearing.
By examining every detail, from the traffic stop to the testing procedures, we can find irregularities that might qualify you for reduced penalties or even dismissal. Our lawyers can determine whether your case can be challenged based on procedural errors or violations of your rights.
Eligibility for a Restricted Driver’s License
A restricted license lets you drive for essential purposes like work, school, and DUI program attendance. For first offenders, you can usually apply after 30 days if you:
- Install an ignition interlock device
- Enroll in a DUI program
- File SR-22 insurance
- Pay the re-issuance fee (about $125)
The process requires submitting DMV forms along with proof of program enrollment. You’ll need to file specific paperwork and verify your identity to obtain this limited driving privilege. A hardship license is similar but may have different requirements based on your needs and the reason for your suspension.
Commercial drivers can’t get restricted commercial licenses, but may qualify for restricted personal licenses. The DMV will review your application and driving history before deciding whether to grant restricted driving privileges.
Ignition Interlock Device Requirements
An ignition interlock device connects to your vehicle’s ignition and requires breath samples before starting. First offenders typically need installation for six months, while repeat offenders face longer periods. Costs include:
- Installation: $70-$150
- Monthly maintenance: $60-$80
Any tampering with the device results in extended restrictions. While these devices add expense, they allow earlier return to limited driving than would otherwise be possible. The devices need regular calibration, and all test results go to the court and DMV.
Failure to properly use the device can result in additional penalties, including having your full suspension reinstated. The court may extend the required period for using the ignition interlock device if you violate the terms of your restricted license.
Fighting a DUI Charge to Prevent License Loss
The outcome of your criminal DUI case directly affects your license status. If we can get a dismissal or reduction to a lesser charge, we can often eliminate or reduce DMV penalties. This makes fighting both the criminal case and DMV hearing simultaneously crucial for protecting your interest in maintaining driving privileges.
We use evidence from one proceeding to strengthen our position in the other. By challenging the traffic stop legality, questioning test accuracy, or finding procedural errors, we create multiple opportunities to protect your driving privileges and prevent legal action against your license.
Challenging BAC Test Results
Blood alcohol concentration tests aren’t perfect. We regularly challenge results by checking the following:
- Calibration records for testing devices
- Whether the officer was properly trained
- If procedures were correctly followed
Medical conditions like GERD, diabetes, or certain diets might affect your results. The “rising BAC” defense often works, as alcohol continues absorbing into your bloodstream for 30-90 minutes after drinking. This means your BAC might have been legal while driving, but rose above limits during later testing.
Our lawyers will review the maintenance records for the device used in your case and verify whether proper protocols were followed. We can often prove that test results are unreliable when proper procedures aren’t followed.
Questioning Traffic Stop Legality
Officers must have reasonable suspicion before stopping your vehicle. We check if:
- Proper procedures were followed at DUI checkpoints
- You were detained too long without cause
- Field sobriety tests were properly given
- Searches were done with consent or probable cause
Cases like People v. Perez have established that weaving within a lane alone isn’t enough reason for a stop. We use these legal precedents to challenge the evidence in your case. When we find violations in how the traffic stop was conducted, we can often get the evidence thrown out, which can lead to the dismissal of the charges.
Understanding Driver’s License Suspension Laws
California’s license suspension laws involve rules that govern when your driving privileges can be taken away. Vehicle Code Section 13353 covers suspensions for test refusals, while Section 13352 addresses suspensions for DUI convictions. These laws create different suspension periods based on your driving history and the specifics of your case.
Both the DMV and the courts have the power to suspend your license, but they follow different rules. Knowing these differences helps us create the right defense strategy. Recent law changes have updated suspension periods and ignition interlock requirements, making it important to work with lawyers who understand current rules.
What To Do When You Receive a Suspension Notice
When you get a suspension notice in the mail, you need to act quickly. Most notices give you a specific date when your suspension will start. To challenge the suspension, you must:
- Contact the DMV within 10 days to request a hearing
- Gather evidence for your case
- Consider hiring a lawyer to represent you
Failure to request a hearing within the deadline will result in automatic suspension on the date listed in your notice. The notice will include information about why your license is being suspended and what steps you need to take to address the situation.
Many people lose their licenses simply because they don’t respond to these notices in time. Don’t make this mistake — contact us right away when you receive any notice about your license from the DMV or the courts.
Furthermore, if you need to verify your current license status, you can contact the DMV directly. Being aware of exactly where you stand can help you avoid additional penalties that might come from driving on a suspended license without knowing it.
Moreover, different parties may be notified about your license suspension, including your insurance company. This awareness by multiple parties can lead to increased insurance rates and other consequences beyond just the suspension itself.
Contact Summit Defense Criminal Lawyers for a Free Case Consultation
Don’t face license suspension alone—our lawyers at Summit Defense can help protect your driving privileges. Our team has successfully preserved licenses for many clients throughout the Bay Area. Call us today for your free consultation.
Remember, you have just 10 days after your arrest to request your DMV hearing, so don’t wait. The failure to act within this time frame results in automatic suspension. Let us fight for your license and your future. We can help you understand all your options for challenging a license suspension and guide you through every step of the legal process.
After getting a ticket or an arrest for DUI, many people feel lost about what to do next. At Summit Defense, we’ve helped countless clients keep their driving privileges even after serious charges. We know the rules, the courts, and the DMV process. Contact us today to learn how we can serve you during this difficult time.
At Summit Defense Criminal Lawyers, our team can challenge your license suspension and protect your driving privileges. When your driver’s license is suspended, daily life becomes incredibly difficult. A suspended license affects your ability to work, run errands, and care for your family. We’ve helped many clients successfully fight license suspension orders throughout the Bay Area.
