"I HAVE NEVER HAD A BETTER LEGAL EXPERIENCE!" 
Charlotte H., Los Angeles, CA
Business, Alcoholic Beverage Control Licensing, Conditional Use Permits, Criminal Defense, Personal Injury Attorney in Los Angeles. Serving the Food and Beverage, Restaurant and Entertainment industries. Bilingual in English and Korean.
Business, Alcoholic Beverage Control Licensing, Conditional Use Permits, Criminal Defense, Personal Injury Attorney in Los Angeles. Serving the Food and Beverage, Restaurant and Entertainment industries. Bilingual in English and Korean.
Business, Alcoholic Beverage Control Licensing, Conditional Use Permits, Criminal Defense, Personal Injury Attorney in Los Angeles. Serving the Food and Beverage, Restaurant and Entertainment industries. Bilingual in English and Korean.
Business, Alcoholic Beverage Control Licensing, Conditional Use Permits, Criminal Defense, Personal Injury Attorney in Los Angeles. Serving the Food and Beverage, Restaurant and Entertainment industries. Bilingual in English and Korean.

LICENSE SUSPENSION

 

WHAT HAPPENS TO MY DRIVER'S LICENSE AFTER A DUI?

  • After your DUI arrest, you will receive a DMV DUI Suspension Notice (DS-367). This pink form acts as a 30 day temporary drivers license from your arrest date

  • After the 30 days days, you will be subject to a DMV Administrative Per Se (APS) suspension for a set term depending on your case

 

VEHICLE CODE SECTION §13353.2

  • (a) The department shall immediately suspend the privilege of a person to operate a motor vehicle for any one of the following reasons:

 

  • (1) The person was driving a motor vehicle when the person had 0.08 percent or more, by weight, of alcohol in his or her blood

 

  • (2) The person was under 21 years of age and had a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test, or other chemical test

 

  • (3) The person was driving a vehicle that requires a commercial driver's license when the person had 0.04 percent or more, by weight, of alcohol in his or her blood

 

  • (4) The person was driving a motor vehicle when both of the following applied: (A) The person was on probation for a violation of Section 23152 or 23153; (B) The person had 0.01 percent or more, by weight, of alcohol in his or her blood, as measured by a preliminary alcohol screening test or other chemical test

 

DOES THE COURT ADMINISTER THE DMV LICENSE SUSPENSION?

  • No.  Your DUI court case and your DMV license suspension case are separate matters that are handled separately

 

CAN YOU FIGHT A DMV LICENSE SUSPENSION?

  • Yes

  • First and foremost, you MUST request a DMV hearing within 10 days from the date of your DUI arrest. If you fail to reserve a DMV hearing by the time allotted, you will lose your right to the hearing and automatically lose your license suspension

  • Then you must prepare and present your case at the DMV hearing

 

WHAT IS THE DMV HEARING PROCEDURE?

 

  • At the hearing you can show that the suspension or revocation is not justified.  If you request a hearing, a telephone hearing will be scheduled unless you specify that you want an in person hearing.  Hearings arranged through the local DMV driver safety offices   

  • Issues to Contest at the Hearing: (1) Did the peace officer have reasonable cause to believe you had been driving a motor vehicle in violation of sections 23136, 23140, 23152, 23153, or 23154 of the vehicle code? (2) Were you lawfully placed under arrest, or if the alleged violation was of section 23136 or 23154 of the vehicle code, were you lawfully detained? (3) Were you driving a motor vehicle when you had .08% or more by weight of alcohol in your bloood, or .01% or more while driving on DUI probation, or were you under 21 years of age and had a blood alcohol concentration of .01%, or more as measured by a preliminary alcohol screening test, or any other chemical test?

 

  • Evidence at Hearing: oral testimony and other evidence. The arresting officer(s) may be subpoenaed by you or the DMV.  You may subpoena other witnesses in your favor

  • Discovery: You must request copies of the evidence DMV has at least 10 days prior to the date set for hearing

  • Interpreter: You have the right to a language or sign interpreter present at the hearing if needed

 

  • Decision: After the hearing, a decision will be made and mailed to you. You may request a departmental review in writing within 15 days from the date on the bottom of the notice telling you the results of your hearing with a fee for $120.  You may also request a court review by contacting the Superior Court in your county of residence within 30 days from the date of the hearing 

EFFECTIVE JANUARY 1, 2013

 

  • California has passed AB 2020, which amends California Vehicle Code §23612 effective January 1, 2013. Previously, California law provided that a person who is lawfully arrested for driving under the influence of a drug or the combined influence of an alcoholic beverage and drug has a choice of whether a chemical test to determine his or her drug or drug and alcohol level shall be a blood, breath, or urine test. If the person chooses to submit to a breath test, he or she may also be requested to submit to a blood or urine test if the officer has reasonable cause to believe that the person was driving under the influence of a drug or the combined influence of an alcoholic beverage and a drug and if the officer has a clear indication that a blood or urine test will reveal evidence of the person being under the influence.

 

  • AB 2020 amends these provisions to delete the person's option to choose a chemical test of his or her urine for the purpose of determining the drug content of his or her blood. The bill requires that if a blood test is unavailable, then the person is deemed to have given his or her consent to a urine test. The bill would also require that if the person is lawfully arrested for driving under the influence of a drug or the combined influence of an alcoholic beverage and any drug, the person only has the choice of either a blood or breath test. The bill deletes the option of a urine test, except as required as an additional test.

 

EFFECTIVE JANUARY 1, 2012

 

  • Prior to 1/1/2012, if you were convicted of three DUIs, your driver's license would be suspended for 3 years. Now, with the addition of VC §23579, the courts are authorized to revoke your driver license for 10 years if you are convicted of 3 or more DUIs. Only after 5 years can you apply for a reinstatement of your driver's license with proof of an Ignition Interlock Device (IID) in your vehicle.

 

  • If you are convicted of reckless driving under VC §23103.5, you may now apply for a restricted driver's license before the completion of your 1 year suspension under AB 520. However, to qualify, you must comply with several conditions, one being proof of an Ignition Interlock Device (IID) in your vehicle.

 

  • If your only violation is failing to have a valid driver license at a DUI checkpoint, the police are now unable to impound your vehicle for 30 days under AB 353.

EFFECTIVE JANUARY 1, 2010

 

  • The Alameda, Los Angeles, Sacramento, and Tulare Counties have adopted the IID (Ignition Interlock Device) Pilot Program that runs through December 31, 2015. The IID pilot program requires all individuals in these counties to install an IID device on every vehicle they own or drive upon a conviction of a DUI before DMV can reinstate, reissue, or restrict their driver license

 

  • Pursuant to California Vehicle Code §13352(a)(3), should you be convicted or found to be in violation of Vehicle Code §23152 ("DUI") within a 10 year period of a prior DUI conviction, a 2 year suspension of your license is mandated. However, under the requirements of SB 895, a restricted license may now be obtained after only 90 days of your conviction should you comply with certain requirements listed below

 

  • Pursuant to California Vehicle Code §13352(a)(5), should you be convicted or found to be in violation of a 3rd DUI within a 10 year period, a 3 year suspension of your license is mandated. However, under the requirements of SB 895, a restricted license may now be obtained after only 6 months of your conviction should you comply with certain requirements listed below

 

  • Please note that your actual license suspension may increase should your DUI involve other enhancements, such as drugs or injuries.To be qualified for a shorter license suspension under Vehicle Code §13352(a)(3) and 13352(a)(5), you must have: 1) proof of installation of an Ignition Interlock Device (IID); 2) proof of enrollment in an 18 month or 30 month DUI school; 3) proof of insurance; and 4) payment of all fees and fines