Will I Lose My California Drivers License Because of a DUI?
If you were arrested for DUI in California, and your BAC was measured at .08 or higher, the DMV will seek to suspend you drivers license. Driving on a suspended license in California is a misdemeanor that carries penalties that may include fines and jail time. But you are entitled to a DMV hearing-called an administrative per se or APS hearing-to contest the drivers license suspension. The drunk driving attorneys of Southern California DUI Defense can represent you at this hearing.
The DMV Hearing-A Brief Overview
When the police officer places you under arrest for DUI, he or she takes your California drivers license and provides you a pink document. The pink document serves as a temporary drivers license that expires in 30 days-at which time your license goes into suspension. You have 10 days from the date of the DUI arrest to contact the DMV and request a hearing to fight the suspension. Once you request the DMV hearing, the drivers license suspension is postponed pending the outcome of the hearing. The hearing is held before a DMV hearing officer at one of the DMV's regional drivers safety offices. Typically, if you've hired a drunk driving attorney to handle the criminal charges, the drunk driving attorney will handle the DMV hearing as well. In a DUI case, the DMV hearing officer has to decide three issues:
- Were you driving?
- Were you lawfully arrested?
- Was your BAC of .08 or higher at the time of driving?