If you have been arrested, you will face administrative penalties from the California Department of Motor Vehicles even before your case reaches trial. These include a Notice of Suspension, which suspends your driver’s license and prevents you from operating a vehicle.
A police officer can give you a Notice of Suspension whenever your breath or blood test shows a blood alcohol concentration of 0.08% or higher. Under a Notice of Suspension, you only have 10 days to request an administrative hearing and prevent your driver’s license being suspended for four months or longer.
If you do not request a hearing, it’s extremely likely that your driver’s license will be suspended automatically under California’s “Administrative Per Se” law, preventing you from using your vehicle.
If you’re over the age of 21, this suspension will prevent you from driving for four months. If it’s your second offense within 10 years, you face a one year suspension. If you are under 21 and were arrested for any blood alcohol level above 0.01%, you face a one year suspension.
Refused Your Test? Our Drunk Driving Attorneys Can Help
California’s “implied consent” law means that you automatically consent to providing a breath, blood or urine sample if you are lawfully arrested by a police officer who has probable cause to believe you were driving while under the influence of drugs or alcohol.
If you refuse this test, you can be accused of violating the implied consent law and will receive document by the arresting officer. This document allows you to request a DMV review hearing within 10 days to avoid having your driver’s license suspended for up to three years. If you are on probation, your new offense is a violation of your probation and you face even harsher penalties.
You must request a DMV review hearing within 10 days. Failing to request a hearing will result in an automatic suspension of your driver’s license for:
- One year, if it’s your first offense
- Two years, if it’s your second offense within a 10 year period
- Three years, if it’s your third or subsequent offense within a 10 year period.
You can be charged with “refusing” to take the test if the officer believes you deliberately failed to take the test properly. Every year, innocent drivers who suffer from asthma face proceedings for “sham” driving tests due to their respiratory condition. Some are forced to go to trial to prove their innocence.
If you are arrested for violating California’s implied consent law, we can arrange a DMV hearing and help you potentially avoid having your license suspended. Call us today at (888) 250-2865 to speak to an experienced attorney and learn more about the options available for your case.
Lawyers serving Orange County, Los Angeles County, and Riverside County
Are you concerned about having your driver’s license suspended and facing serious penalties such as jail time as a result of your arrest? We can provide a number of defenses to assist you in defending against and potentially beating your charges.
One of the first items a drunk driving defense attorney will look at to create a solid defense is your arrest record. An arrest record needs to indicate that there was probable cause, and that correct police procedure was followed during your arrest.
It may also be possible to challenge the police officer’s motives for suspecting alcohol-induced behavior at your arrest. Finally, witness testimony could be required to prove that your mental and physical state at your arrest indicates that you were intoxicated.
Worried about attorney costs? What you should really be worried about are the costs of a conviction, even an accepted plea bargain can cost a small fortune in class fees and fines. For many, these costs exceed the amount they would have paid for an attorney.
An arrest is a serious situation, but there are options available to help you launch an effective defense. Call The Law Offices of Randy Collins now at (888) 250-2865 to organise a free consultation with an experienced DUI attorney in Orange County about your arrest.
If you’ve been arrested for driving under the influence of alcohol or drugs, it’s essential that you have an experienced California DUI attorney ready to answer your questions and assist you.
