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Long Beach Drunk Driving Defense Attorneys

DUI License Suspension

A driver's license is a necessity for most people living in southern California due to it being such a large, widespread area. Lengthy workplace commutes are common, and it's not unheard of for people to drive a considerable distance just to get to the closest grocery store. Basically, life in southern California is much harder for those who are unable to drive, whether due to personal, financial, or legal reasons. If you have been charged with driving under the influence of alcohol (DUI), you may lose your driving privilege; however, you can put yourself in a much better position to prevent this from happening by seeking legal assistance right away.

At The Amer Law Firm, we believe in maintaining communication with our clients throughout every step of the DUI process and on every case, from the moment of arrest to the sentencing phase. Our experienced Long Beach DUI defense attorneys address the specific needs of each client and formulate customized legal strategies that strive toward the best outcome possible. Only by closely working with one another is success possible. Learn more about how well our law firm communicates with our clients and how we can help you by calling (866) 431-2637.

How a DUI Charge Leads to License Suspension

When a motorist is arrested on suspicion of DUI, they are expected to take either a blood or breath test. They may have their driver's license immediately taken away by the arresting officer and issued a notice of suspension by the Department of Motor Vehicles (DMV) if they:

  1. Provide a breath test result with a blood alcohol content (BAC) of 0.08% or more;
  2. Give a blood sample that is taken for future analysis; ,
  3. They do not submit to chemical testing;
  4. If they have a .01 or greater BAC when they're on probation for DUI and they're license was reinstated; and
  5. For other reasons stated in the California Vehicle Code

After a motorist surrenders his or her license to the arresting officer, the arresting officer will provide them with a Suspension/Revocation Order and Temporary Driver's license that must be carried at all times. This temporary license expires either at midnight 30 days from the issue date of the date on the Order (typically the date of the arrest) OR on the date stated in the Department of Motor Vehicle's Notice of Decision if the motorist requested an Administrative Per Se hearing within 10 days of the arrest date.

What are the Possible Penalties Regarding My License?

A first-time offender may face a four-month license suspension. If they file proof of enrollment in an appropriate DUI class, SR-22 or Proof of Financial Responsibility form, they may reduce the suspension period to one month, which is a "hard" suspension where there is no driving at all allowed, followed by five months of restricted driving to and from work and to and from the alcohol program. Those who refuse to submit to chemical testing face an automatic one-year license suspension with no possibility of work restriction under California's “implied consent” laws. The penalties ramp up significantly in subsequent offenses and under other circumstances.

What is a DMV Hearing and Why is It Important?

You may schedule a DMV hearing within 10 days of receiving the notice of suspension. For various reasons, it is highly recommended that you have an attorney do so. If you do not meet the 10 day deadline, you will not be able to contest the suspension of your license and you will lose your driving privilege after the temporary driver's license expires if you chose not to have the suspension take effect from the date of the arrest. If, for whatever reason, you are not able to get an attorney in time, you should schedule the hearing yourself to preserve your right to the hearing which can almost always be changed as long as you hire counsel before the initial scheduled hearing.

DMV license suspension hearings are conducted by hearing officers who are employees of the DMV. Although they resemble mini-trials, they are not done in court but, instead, at a DMV Driver's Safety field office in the hearing officers office. During the hearing, the licensee does not have to provide any evidence whatsoever.The DMV hearing officer has the burden to prove that:

  1. The arresting officer had probable cause to stop the person who's license is being challenged;
  2. That person was driving a motor vehicle; and
  3. At the time of driving, they had a .08 or greater blood alcohol content.

It is almost always wise to have an attorney represent you, not just with your court case, but with your DMV hearing as well. Due to the serious consequences of losing your privilege to drive and due to the complexities of DMV rules and regulations regarding driving under the influence arrests and license suspensions, it is best to have a legal professional with expertise in the field navigate you through this maze instead of doing it yourself. Rarely will our clients even have to appear at the hearing and you can resume your life knowing that your case is being handled by competent counsel and that you are well represented.

The Right Legal Team for the Job

Not all criminal defense attorneys can handle DUI cases the right way. It's not enough to simply possess general knowledge of drunk driving laws; a successful DUI defense attorney must also be aware of all the nuances contained in not only DUI laws, but also DMV procedures and regulations and the court case as one can and does affect the other, therefore, timing and a good game plan is absolutely essential to preserve your rights and put you in the best possible position. If you're looking for an attorney who can give you a fighting chance against your DUI charge and fight to save your driver's license, call The Amer Law Firm today at (866) 431-2637.

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Disclaimer: The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Please contact a criminal lawyer at our law firm for information regarding your particular case. This website is not intended to solicit clients outside the State of California.

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110 W. Ocean Blvd., Suite 15
Long Beach, CA 90802
(562) 489-9454
(866) 431-2637

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