How a Los Angeles DUI Attorney will help you save your license:
Its important to take steps to save your license in a DUI case because there are two ways you can lose your license if you were arrested for DUI:
1. The DMV APS process
2. The Criminal Court case for DUI
Both of these require the attention and knowledge that a DUI attorney has if you want to save your license. See more about DMV Hearing Defense strategies.
The DMV APS Process: Saving your license with the help of a DUI attorney.
The DMV in California has extraordinary power in revoking someones driver’s license for any number of reasons; Health issues, mental issues, too many “points” or poor driving record and of course DUI. In fact, the law in California has expanded the DMV’s power greatly in recent years to suspend licenses for DUI. The process works like this: A person is arrested on suspicion of DUI, they are given a pink “temporary license” which tells them they must request a DMV hearing within 10 days of the arrest otherwise the DMV will automatically suspend their license.
What does APS mean?
APS means “administrative per se” and is the legal description of the DMV hearing process. It is an administrative hearing proceeding, not a criminal case. (The criminal case is handled separately from the DMV).
What exactly will a DUI attorney do to help me in an APS hearing?
A DUI attorney will gather evidence in your defense (through the use of subpoenas and discovery requests to the DMV). A DUI attorney will review the evidence and determine the best defense strategy for the DMV hearing.
The Criminal Case: How a DUI Conviction in Court can impact your license:
In addition to the DMV APS process, a driver involved in a DUI arrest will also face a license suspension if they are convicted of a DUI. For a first offense DUI, the restriction is 6 months, and in LA county, the driver is required to install an ignition interlock device on their car during that time.
A DUI Attorney will be familiiar with the various ways to beat a DUI in court and avoid not only the suspension, but also the installation of an ignition interlock device.
DUI Attorney License Suspenion Links:
California Highway Patrol The California Highway Patrol’s DUI enforcement program is the state of California’s largest and most comprehensive DUI Enforcement effort. This link discusses the various DUI enforcement methods used by CHP in DUI license suspension cases.
California DMV License Suspension Information: This link is directly to the California DMV, with information on how to get a license back after DUI suspension.