What Happens to Your Driving Rights If Arrested for a DUI?
Learn What Will Happen to Your Right to Drive if You are Arrested for a DUI in Los Angeles
This is probably one of the biggest questions because being 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 is going to take their driver’s license away.
In fact, they’re usually given something by the police that informs them that the DMV is going to take action against their driver’s license. They are told they have to make a phone call to the DMV within 10 days in order to try to protect their rights and their ability to drive in Los Angeles county.
Also, they’re driver’s license is typically taken away from them.
DMV Will Suspend Your Drivers License
If you find yourself in that position — your drivers 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 to help you with the DMV. On a first offense, you’re usually looking at losing your driver’s license for a real 30 days.
Then after that you’re able to get a restricted license for the next five months to be able to drive to and from work during the course and scope of work.
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 in order 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 to a DUI in Los Angeles county, you’re also entitled to have a DMV hearing. If you’re not an attorney and you’re not legally trained, you’re going to want your attorney to take care of that for you.
Basically, the DMV will be trying to put on evidence to show:
- (1) you were lawfully arrested;
- (2) your blood alcohol level was a 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 information the police have in order 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 said to the police,
- how you were driving at the time the police pulled you over,
- if you got in an accident.
All these things are going to taken into consideration when they’re assessing whether to take your driver’s license away.
Defending You at the DMV Hearing
Your attorney is entitled to ask questions of any witnesses that the DMV calls at the DMV hearing, and your attorney is entitled to present evidence and make arguments on your behalf.
So, the bottom line is, if this is your first offense, or even your second DUI, you want to make sure you get an attorney. If it’s your first offense, especially.
If you’re going to do it once, do it right and never do it again. You want to make sure there is somebody there protecting your interests to make sure that, not only is your driving record protected, but your liberty is protected.
You don’t want to go to jail behind a DUI and there’s a lot of different factors that go into that decision, but the biggest factor is, who your attorney is and how they handle your case.
Start Fighting Your DUI Case Now
My name is Ron Hedding. I’ve been doing this for 26 years. I’ve worked for the District Attorney’s office in Los Angeles county and also for a Superior Court Judge, and I’ve been a DUI defense attorney in Los Angeles since the early 1990s
So, you’ve some to the right place. Make the call now. Ask for a meeting with Ron Hedding. I stand at the ready to help you.
Hedding Law Firm is a top-ranked criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact us for a free case evaluation at (213) 542-0963.
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