Los Angeles DUI Lawyer Blog

Every driver arrested on suspicion of driving under the influence of alcohol or drugs in California with a blood alcohol level of .08% or greater, or those refusing to take a chemical test by a peace officer, face suspension of their driving privileges between four months on a first offense DUI, to three years for a third offense.

Every driver arrested on suspicion of driving under the influence with a .08 or over, or those refusing to take a blood-alcohol test are all subject to the Department of Motor Vehicles commencing immediately allow action to suspend your driving privilege. This action which is called an administrative per se suspension proceeding gives notice to drivers of the departments intent to suspend a driver's license as a result of their arrest.

For over 10 years the Legislature has enacted what is commonly referred to as a stop and snatch law. This law authorizes police officers to physically snatch or take a DUI suspects Drivers License and forward it to the DMV to commence suspension proceedings.

A temporary drivers license is issued to the driver which contains important notice about DMV laws and procedures including the most important which is the requirement drivers request a hearing within 10 days of the date of arrest to contest the impending suspension action.

A DUI and DMV attorney can protect your valuable drivers license from being suspended. There are many legal and procedural defenses which are attorneys use to fight the DMV every day and save our clients freedom to drive.

The decision to suspend or not suspend your drivings license is based uopn whether the police had probable cause to stop you and whether you had a BAC (Blood Alcohol Level) of .08% or more. An experienced Dui And DMV Specialist can fight the DMV to save your license.

Have you ever heard the saying... you don't really appreciate something until it's gone. You soon realize that having your drivers license suspended by the Department of Motor Vehicles immediately shakes your world. When you realize that having a drivers license is a privilege, not a right. The three most common ways my clients qualify for the drivers license to be suspended are:

1. DUI and having a blood alcohol level of .08% or more.
2. Being determined by the Department of Motor Vehicles to be a negligent driver by being convicted or pleaded guilty to violations that result in your getting four points in a 12 month period or six points within a 24 month period.
3. Failing to appear for a traffic violation or other traffic related misdemeanor.
4. Failing to pay your fines or fees to the court for a traffic violation or other traffic related misdemeanor after promising to do so.

Promptly hiring an experienced traffic court lawyer who specializes in clearing up or avoiding the DMV suspensions can prevent your valuable drivers license from being suspended or revoked.

Each of the above categories which may have caused a license suspension require different skills and procedures for clearing them up and creating an opportunity for our clients to have their driving privileges fully reinstated.

Tearing up the above issues in a timely fashion can avoid jail time, costly and greatly increase fines and preventing the loss of that all too important drivers license which gives us the freedom to live and work in California.

After being a Traffic Court Attorney and DMV specialist for over 30 years, I am regularly consulted by potential clients after they have received a letter from the Department of Motor Vehicles notifying them that their driving privileges will be suspended due to excessive violations. This resulting in an excessive point count hitting their driving record resulting in a license suspension.

DMV law provides for a six-month suspension which essentially means no driving at all for those drivers pleading guilty to or been convicted of infraction violations which add up to four points within a 12 month period or six points within a 24 month period of driving.

Typical moving violations are one point each if they are an infraction. Misdemeanor violations like driving under the influence carry with it two points. Also violations like misdemeanor hit-and-run also carry two points.

California licensed drivers are entitled to a hearing in front of the Department of Motor Vehicles to contest the suspension of their driving privilege. It is crucial to realize that once the DMV has sent a driver a notice of an impending suspension that they only have 14 days to respond. The time starts to run, not from the receipt of the notice, but from the mailing date on the DMV letter. The purpose of this request is to contest the suspension from taking place. Unless a written or telephonic request is received by the DMV within 14 days from the date of mailing , the driver is not entitled to a hearing and essentially waives his right to contest a six-month suspension of their driving privilege.

At a negligent Driver Hearing, a representative of the DMV called a hearing officer (who is not an attorney, but an employee of the DMV) will examine the driving record and carefully review the source of each violation or point counts received which is the basis for the impending suspension. Patterns of violations and poor driving, like excessive speeding or other violations cause great concern to the DMV, that continued poor and unsafe driving creates hazards to all other drivers on the road.

Considering the critical need for most people living in Los Angeles, or surrounding counties to have a driving privilege, and the importance of this decision it would seem advisable to immediatley seek the counsel and advice of an experienced traffic Court attorney. Experienced legal counsel can assist you in avoiding a six-month suspension of your drivers license by presenting sufficient facts and evidence to the DMV of your rehabilitation, excessive miles driven, and change in attitude about the importance of obeying all of the traffic laws and not receiving any further violations.

Another very effective strategy our firm has used over many years to prevent our clients from having their license suspended is seeking to reopen previous cases and withdraw pleas of guilty, And either contesting the charge on the merits or seek to qualify the driver to have the point removed from his record through the successful completion of traffic school. By successfully removing the point from the drivers record avoids the threshold Point count which require the DMV to consider a suspension.

Driving is a privilege, not a right ,and it is important to protect this right by being aware of the frequency of your moving violations received and the correlated point counts that could result in a license suspension. Most importantly, consider making the necessary adjustments in your driving habits to avoid moving violations which ultimately could result in a loss of your freedom to drive.