Driving In California After A DUI Arrest

If you have been arrested for DUI it may be humiliating and scary, so you should get in touch with an educated DUI lawyer without delay. The most critical thing that you can do following a DUI arrest is meet with a DUI lawyer who has a record of handling cases much like yours. Among the bigger worries for folks which were charged with DUI is when or if they will regain their driving privileges.

Seizing Your Driving License

California law mandates that a California Highway Patrol officer or any other police offer immediately forwards a document known as a Notice of Suspension or Revocation and your seized driver's license into the Department of Motor Vehicles (DMV), together with the officer's report. This form, also called DMV Form DS 367 is going to be reviewed in the DMV by a DUI specialist. The task of the DUI specialist will be to assess the Notice of Suspension or Revocation, along with the blood test results, the breathalyzer results, and the complaining officer's report.

Challenging the Suspension or Revocation

Under California law, you have only 10 days to request a hearing from the California Department of Motor Vehicles (DMV) following a DUI charge. During this time, your DUI attorney can help you to submit evidence as well as other information that's required from the DMV. You are entitled to a hearing in case the DMV upholds the revocation or suspension in the specialist's administrative review process. The hearing occurs before a DMV hearing officer. At this hearing, you and the DUI lawyer can challenge the suspension or revocation formally. The DMV gets the choice to put aside the action whenever they think acceptable. Both you and your lawyer have the ability to present evidence or challenge evidence related to the suspension or revocation of the driving privileges. The purpose of a competent lawyer is to try to establish that the officer that was associated with the arrest has not got the appropriate evidence in order to meet the standard of evidence that is needed to impose revocation or suspension of the driving license.

Temporary License

Pending the result of the DUI charge, sometimes drivers which are arrested for DUI in California can be issued a provisional driver's license. This temporary driver's license typically provides the authority to drive for thirty days from the date it was issued, assuming that your license was valid when you were faced with DUI. This temporary license isn't the equal of a restricted or hardship license.

The Duration of Your Suspension

If you are convicted of DWI or DUI, you then might lose the authority to operate a vehicle for a certain time period. The amount of time that you can lose your driving privileges can vary from one judge to another, and also the degree of experience and skill that your particular DUI lawyer has, however your first DUI conviction will typically result in a suspension of 4 months. Second DUI convictions or subsequent offenses within ten years of one another can lead to loss of driving privileges for 1 year. For licensees younger than twenty-one years old whose blood alcohol content (BAC) was greater than 0.01% during the arrest, a conviction of DUI can result in a suspension of one year without any possibility of obtaining a restricted license.

Receiving a DUI or a DWI may be disconcerting, and can often be a big setback for a person that otherwise has a bright future. Whenever you contact an experienced DUI lawyer as quickly as possible and discuss the case, it is possible to help minimize the harm to your future and ways in which it affects your life.


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If you need a great Sacramento DUI lawyer then check out the Law Offices of Brianne Doyle and call her at 916-806-6400. She's a top notch Sacramento DUI lawyer and can help you get through your DUI arrest.