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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.
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.
Click here to learn more about you can expect during a Modesto, CA DMV hearing.
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.