Losing Your Drivers License for Drunk Driving - Attorneys in San Diego
About your Drivers License
There are many ways to lose your drivers license if you are stopped and cited for DUI, and California has an Implied Consent Law. This means that if you elect to drive a vehicle in this state, you consent to give your blood or breath sample to law enforcement authorities if they have reasonable cause to believe you might be drunk driving.
If you are stopped and the officer requests that you take a test or tests, you must cooperate or you will lose your California drivers license or driving privileges for a period of twelve months. If you have previously refused to take a breath, blood or urine test within the past seven years, then your California drivers license or privilege to drive will be suspended for two years. This suspension occurs whether or not you are even charged with drunk driving and you cannot challenge this suspension unless you request a hearing with DMV within 10 days of the service of the affidavit. We can help you request a hearing even if you decide not to retain us. Call our drunk driving attorneys now for a free consultation at our San Diego office.
If you do choose to blow or give blood, (which you probably should do if it's your first DUI arrest), and your alcohol concentration is over the statutory limit (0.08%), the law enforcement officer can take away the physical copy of your drivers license while the matter is pending.
You will then face a 4 months drivers license suspension, but you can challenge the suspension by requesting, within ten days, a motor vehicle hearing. We will file a request for a hearing on your behalf. You should have documents explaining the hearing process. These are very important documents and you should bring them on you first visit to our office. If you request a DMV hearing, your drivers license or privileges will remain valid until after a final decision is made at a hearing on the merits of your case.
If you are stopped for DUI and the officer has reasonable grounds to believe you were drunk driving or operating a motor vehicle under the influence of drugs, they may place you under arrest for DUI. They will then likely take you to the police station or a mobile unit and read you the Implied Consent Law. Officers often read this law from a pre-printed form word-for-word, and they will not answer your questions or give you legal advice on whether or not to blow. The bottom line is they will be asking you whether or not you will be willing to submit voluntarily to a breath or blood test.
We generally recommend that you submit to the blood or breath test if it's your first arrest for DUI. If you have prior drunk driving convictions, you should consult the attorneys at our San Diego law firm for individual advice prior to your second or subsequent arrest. Our advice then would depend on the circumstances but, if you already have no valid drivers license, the suspension for refusal might be no penalty at all in your case.
California Driving Privileges
If you possess a valid drivers license from another state, but you do not have a California drivers license, you usually have "California Driving Privileges". While the State of California does not have the authority to alter our out-of-state license, they can restrict your right to drive while you are in California. Whether or not your home state will also suspend your license depends on the state rules in your home state.
Thus, if you have an out-of-state license and you get a suspension of your California Driving Privileges your license might be valid everywhere except in California.
If you have been charged with drunk driving, please contact the criminal defense attorneys at our San Diego law firm to schedule a free consultation.
