What Happens to Driving Rights If Arrested for a DUI?
This is probably one of the biggest questions because, in a commuter town like Los Angeles, you've got to be able to drive. When people get a DUI, they're worried that the DMV will take their driver's license away.
They're usually given something by the police that informs them that the DMV will take action against their driver's license. They are told they have to make a phone call to the DMV within ten days to protect their rights and their ability to drive in Los Angeles County.
Also, their driver's license is typically taken away from them.
If you find yourself in that position — your driver's license has been taken, you've been given some paperwork, you're trying to figure out what to do — you don't want to mess it up, call an attorney like me.
I've been doing this for 26 years. Part of my fee for handling your DUI case is helping you with the DMV. On a first offense, you're usually looking at losing your driver's license for 30 days.
Then after that, you're able to get a restricted license for the next five months to drive to and from work during the course and scope of your career.
You can also sometimes drive to school if you're a student, but they're going to make you put in an ignition interlock device on your car.
This is where you're going to have to blow into it to be able to start your car to show that you're not under the influence of alcohol, and they put some other restrictions on there. So, the first thing you want to do is get an attorney like me in your corner to start making some moves for you to help you with your driver's license.
DMV Administrative Hearing
If you were arrested for a DUI in Los Angeles County, you're also entitled to a DMV hearing. If you're not an attorney and you're not legally trained, you'll want your attorney to take care of that for you.
The DMV will be trying to put on evidence to show:
- (1) you were lawfully arrested;
- (2) your blood alcohol level was 08 or greater; and
- (3) they're going to have to show that you were driving and when that blood alcohol level was.
They're going to do that by getting the police report and all the information the police have to prove that you were driving under the influence and that you couldn't safely operate a motor vehicle. They're going to evaluate such things as:
- the field sobriety test,
- what you say to the police,
- how you were driving at the time the police pulled you over,
- if you got in an accident.
All these factors will be considered when assessing whether to take your driver's license away.
Defending You at the DMV Hearing
Your attorney plays a crucial role in the DMV hearing. They are entitled to ask questions of any witnesses that the DMV calls, and they are allowed to present evidence and make arguments on your behalf. This is why having an experienced attorney is so important in these proceedings.
So, the bottom line is that if this is your first offense or even your second DUI, you want to make sure you get an attorney, especially if it's your first offense. Having a skilled attorney by your side can provide you with the reassurance and confidence you need during this challenging time.
If you're going to do it once, do it right and never do it again. You want to make sure somebody is protecting your interests to ensure that not only your driving record but also your liberty is protected.
You don't want to go to jail behind a DUI. A conviction can have serious consequences, including fines, license suspension, and even jail time. The most significant factor in avoiding these consequences is who your attorney is and how they handle your case. Understanding the potential severity of a DUI can help you realize the importance of acting quickly and seeking legal representation.
Don't delay; start fighting your DUI case now. The sooner you act, the better your chances of a favorable outcome. Taking immediate action empowers you and puts you in control of your situation.