What you can do about DUI suspended license in California.
DUI suspended license in California issues effect every person who is stopped for DUI, even if they aren’t actually convicted of DUI. Why? Because the DMV, for DUI cases can suspend a license in California based on an administrative hearing, with lower evidential standards than a court. In order to avoid a license suspension, you must fight and win your dmv hearing. To be successful in defending a DMV license suspension, you must attack the three things that must be proven at the DMV hearing:
1. The evidence proving the driver was, in fact the driver
2. The legality of the arrest
3. The results of the chemical test showing a blood alcohol level above 0.08.
How do you avoid a DUI suspended license in California
The simplest way to avoid a DUI suspended license is to not drink and drive in the first place. But if you find yourself in the unfortunate situation of a DUI arrest, you need to know what to do to avoid license suspension.
Refusal cases: DUI suspended license in California because of a refusal to submit chemical test.
First and foremost, do not refuse to submit to the evidential blood or breath test. If you are arrested for DUI and you refuse to submit a chemical test you will have your license suspended automatically for 1 year. This is a “hard suspension” meaning no driving whatsoever, not too and from work or school, not anywhere. These cases are known as
‘refusal cases’ and are difficult for people who have had their license suspended because the law is very harsh when it comes to refusal to submit DUI blood or breath samples.
In order to defend against a “Refusal license suspension” you have to show the officers did not conduct the arrest and subsequent investigation in a lawful manner. This means the officers either lacked probable cause to conduct the arrest, or failed to properly admonish the defendant.
Probable cause (discussed below) is mandatory for any DUI arrest, and it means the police had a reason to strongly believe a crime was occurring. Momentary swerving within someone’s own lane does not equate to a crime occurring, for example.
Admonishment means warning, and in refusal cases the driver must be warned that their license will be suspended if they refuse. This warning is mandatory, and is often not done properly by police in these cases. As a result, the suspension is not valid because driver did not fully informed of their rights. The suspension will then be over-turned or “set-aside” at the DMV hearing.
How to avoid DUI suspended license in California in cases involving a Blood or Breath test.
If you did submit a chemical blood or breath test, you do not face automatic 1 year suspension. However, you do face a suspension of 4 months for first time DUI offenders. You DUI lawyer will go over with you the defenses you can argue at the DMV hearing to save your license. The DMV has to establish three things:
-You were driving the car
-The stop was lawful
-There was a valid chemical test showing your blood alcohol level at the time of driving to be above 0.08%.
Defenses that win hearings to avoid DUI suspended licenses in California attack at least one of these three issues.
For more information, check out our page on DMV hearings, or call a DUI lawyer at 213-400-0358.