License Suspension
Defend Your License with a Modesto DUI Lawyer – (209) 326-1533
If you’ve been charged with a
DUI, the clock is ticking to protect your license. Your license will be revoked
at the time of your arrest, and you will be issued a temporary license
that is good for 30 days. You can fight back and protect your driving
privileges, however. Our Modesto DUI attorney at the Law Offices of Mark
Girdner can help you keep your license and defend yourself from your DUI charge.
Find out how we can help.
Contact the Law Offices of Mark Girdner today.
Protecting Your License
In addition to the criminal DUI charges you will be faced with, you may
also have to handle the DMV’s administrative sanctions against you.
These sanctions will require immediate action if you wish to preserve
your driving privileges and driver’s license.
Implied Consent Affidavit
If you are arrested for a DUI, to will be served with a copy of an “Admin
Per Se/Implied Consent Affidavit.” This document notifies you that you have
10 days from the date of your arrest to request a hearing to preserve your driver’s license. This hearing is with the DMV,
and can challenge the administrative or implied consent suspension of
your license. A timely request is critical to protect your license. If
your hearing is resolved successfully, your driving privileges will be
reinstated.
DMV Hearing
The DMV hearing is the administrative hearing that will allow you to contest
the suspension of your license. It may occur before your criminal trial,
though it can take many months to be scheduled. The hearing can be a powerful
tool to gather evidence to build your defense. At this hearing, the arresting
officer will have to present their testimony under oath. Once this has
been done, their testimony at the criminal hearing must be consistent
with their testimony at the DMV hearing. If it is not the same at each
hearing, your attorney may be able to have their testimony disregarded
as evidence.
What Happens if I Don’t Request a DMV Hearing?
If you don’t submit your request for a DMV hearing within 10 days
of your arrest, your license will automatically be suspended after 30
days. If your license is suspended, it will typically be suspended for
4 months if it is your first conviction. If you have a prior conviction,
the suspension time can be for 1 year or greater.
If it is your first conviction, you may be able to request a restricted
license, or hardship license, after the first 30 days of your suspension.
The restricted license will allow you to drive to and from work or DUI
course locations. In order to be eligible for a restricted license, you
must be over the age of 21 and have no prior convictions for a DUI within
the past 10 years. You must present a DUI course completion form and a
California Proof Insurance Certificate (SR22) to the DMV to apply for
a provisional license. You also will be required to pay restriction and
reissuance fees at your local DMV office.
Length of License Suspension
The length of your license suspension depends on a number of factors. Your
license may be suspended as a part of your criminal sentence, and the
penalties for a DUI depend greatly on your age, the circumstances of the
DUI, and the number of prior convictions.
First-Time DUI Offenders:
- Under 21 years old: 1 year, possible eligibility for a critical needs license
- Over 21 years old: 6 months, possible eligibility for a hardship license
- Refusing a BAC test: 1 year, no possibility of a hardship license
Second-Time DUI Offenders:
- Over 21 years old: 2 years
- Refusing a BAC test: 3 years
Third-Time DUI Offenders:
- Over 21 years old: 3 years
- Refusing a BAC test: 5 years
Forth-Time DUI Offenders:
- Over 21 years old: 4 years, possible permanent loss of license
- Refusing a BAC test: 7 years
Other factors can add to the length of your license suspension, such as
the presence of children in the vehicle, the time that has passed since
the last conviction, and if you caused great bodily injury to another
person while driving under the influence.
We Can Help Protect Your License
Our Modesto DUI lawyer is well-versed in the process of protecting your
license. If you have been arrested for a DUI, contact the Law Offices
of Mark Girdner today. We can help you defend yourself against your DUI
criminal charges and maintain your driving privileges. Once you have been
arrested, you only have a short time to act, so it is critical to get
in touch with our offices as soon as possible. We are ready to answer
your call 24/7, so don’t hesitated to call our team.
Contact our firm at (209) 326-1533 to begin your defense with a
free initial consultation.