The Shortest Term of License Suspension if Charged With DUI
November 14, 2011

When you are arrested for a DUI in Orange County, your driving privileges will be negatively affected. For first-time DUI offenders, the DMV will automatically suspend your license for 4 months. During this period, you are not permitted to drive a motor vehicle for any reason – doing so can result in a criminal charge.

You do, however, have the right to request a DMV Administrative Per Se Hearing to contest the suspension. Keep in mind that you only have 10 days after the arrest to make the request. Once you or your attorney schedules the hearing, the DMV will temporarily lift the suspension until the DMV makes a ruling from the hearing.

The DMV hearing essentially considers the validity of the traffic stop and determines whether or not the arresting officer had probable cause to make the arrest. You can hire an attorney to attend the hearing appearance for you and make arguments on your behalf (you, of course, would not need to be present). Although defendants in a DMV hearing rarely prevail, it is still worth pursuing.

If the DMV rules in your favor, no action will be taken on your license, which means you will be able to keep your license free and clear. However, if the DMV rules against you, the suspension will be re-instated.

For first-time DUI offenders, the DMV will allow you to get a “restricted license,” which will allow you to commute to work, school, or DUI classes. You will only be eligible to get a restricted license after the first 30-days of the suspension. Although you will be allowed to drive for limited purposes, if you decide to seek the restricted license, the DMV will extend the suspension period to 5 months from the time you are issued your restricted license.

If you are later found guilty of the DUI, you will also suffer a 6-month license suspension as ordered by the court. However, you will be allowed to get a restricted license immediately and you will receive credit for any license suspension time you did serve without getting a restricted license.

In any criminal matter, it is imperative that you are kept fully informed of consequences that stem from a criminal charge. For this reason, you need the legal aid and expertise of an Orange County DUI attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can keep you well informed while working to achieve the best possible result in your matter. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there for you when you call.

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