There are various consequences of a California DUI arrest, and one of them could be a driver’s license suspension. Penalties suffered by defendants vary, and those who understand the court process fully have a drastic advantage over those who do not.
What is a DMV-Triggered License Suspension
Generally, you don’t immediately lose your driver’s license after a driving under the influence (DUI) arrest. Only those arrested for DUI with a BAC of 0.08% or higher face an administrative license suspension. If your test results show a blood alcohol concentration lower than 0.08%, the California Department of Motor Vehicles (DMV) cannot suspend your license per an admin per se (APS) violation. A suspension post-arrest is far from automatic, and there is a chance to challenge it successfully. To prevent a license suspension, you will need to request a DMV hearing from the California DMV within 10 days of your arrest. This will place a temporary stay or hold on the suspension. If no hearing is requested, the DMV may be able to automatically proceed with the driver’s license suspension. When facing your first offense DUI in California, take note that the DMV will try to suspend your license due to an APS violation.
What Happens at a DMV Hearing?
A court trial and DMV hearing are closely related, with the court trial dealing with whether you’re guilty or not of a criminal act and the DMV dealing solely with your driving privilege and the circumstances surrounding a DUI San Bernardino arrest. During a jury trial or bench, if you receive a not guilty verdict on California’s law against driving with a blood alcohol concentration of 0.08% or greater, the DMV will be forced to reissue your driver’s license. With this said, a victory during your hearing means that no administrative license suspension will be imposed. However, if you lose your hearing, your driver’s license suspension will last for four months by the DMV. The California DMV typically allows defendants to continue driving elsewhere during the suspension of their license if they agree to install an ignition interlock device in their vehicle.
Tips to Win a DMV License Hearing
Whether or not you will be allowed to legally drive your vehicle after a DUI San Bernardino arrest mainly depends on how you communicate your case facts during your hearing. Therefore, the preparation leading up to that day is critical. Here is a list of ways you can prepare for your hearing to put yourself in the best light possible and avoid a driver’s license suspension:
- Show up on time – If you show up late, it is possible you may have lost your chance with the hearing administrators before you even walk through the door.
- Be well-dressed – Since first impressions can make a world of a difference, dressing up professionally may make the administrators more inclined to believe you take this process seriously.
- Prepare your case facts and how you will communicate them – Practising your conduct can make you more confident during the hearing.
Why Choose Jackson Bibby Awareness Group
We offer a multiple offender program that can dramatically benefit second and subsequent DUI offenders. If you’re a San Bernardino resident in need of assistance, don’t hesitate to contact us for more information.
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