DMV and DUI Suspension Code Sections
When a person is arrested for a DUI in Los Angeles or Southern California certain events will happen. It is important to know what will occur and what your rights are in regards to your license.
Notice of Suspension
At the time of an arrest for a DUI, the officer is required by law to take your California driver’s license. At this time the officer will fill out and serve the person arrested with Form DS-367. This form is the notice of suspension. The form states that unless a request for a DMV hearing is made within ten (10) days, the driver's license will be suspended thirty (30) days after the arrest. This time depends on whether the DUI is alcohol related and whether the person has suffered a previous conviction for driving under the influence. This is time to immediately hire a Los Angeles DUI defense attorney. The attorney may be able to prevent you from being convicted of a DUI in Los Angeles or from having your driver's license suspended.
The officer is required to forward a copy of the DS-367, the California driver’s license, and a sworn statement concerning the facts of the arrest to the DMV.
Request for a Hearing
If a request for a hearing has been timely made, the DMV will schedule an administrative hearing. At the hearing, which can be done either telephonically, or in person, then DMV hearing officer will review the police report, and if the officer is subpoenaed, question the officer under oath as to the facts of the DUI arrest. This is the time in which your Los Angeles DUI defense attorney can make a significant difference in the outcome at the hearing. An experienced DUI attorney knows how to attack the evidence against you and ensure that your legal rights and procedural rights are upheld.
If the hearing officer determines that there was no basis for the suspension, then the action will be set aside. The person arrested and their attorney. However, if the suspension is upheld, then the person will be notified in writing of the suspension results. On a first time California DUI, the suspension will last four (4) months. While the actual suspension is for a significant time period, after thirty (30) actual days of suspension, a person may get a restricted driver’s license. In order to get the restricted license, the person will need to pay $125, get an SR-22 form from their insurance company, and sign up for a DUI education course. The course need to be completed before the restricted license available to the driver.
If the driver was under the age of 21 at the time of the DUI, then Zero Tolerance Law pursuant to Vehicle Code Section 23136, 13353.1, 13388, and 13392 of the Vehicle Code. If the hearing officer determines that the suspension was without legal cause, then the driver’s license will be returned
Length of the DMV Suspension
The length of the suspension depends of a number of facts. If a person refuses to take a chemical test then their driver’s license is suspended for one (1) year without the ability to get a restricted license.
However, if a person does take a chemical test then the following is a list of lengths of the suspension.
- If over 21 years old and the results indicated that the amount of alcohol was over .08% BAC or more then for a first time DUI the suspension will last for 4 months. However, after thirty (30) actual suspension days, then a person may apply for a restricted license.
- If the offense is considered a second time DUI within ten (10) years of a previous conviction, then the suspension will be for one (1) year.
- If under 21 years old and any amount of alcohol is measured on the preliminary alcohol screening test (PAS) test or if any other lawful chemical test indicates the presence of alcohol, then the suspension will be for one (1) year.
Failure to take the Chemical Test
- If over 21 years old and voluntarily refused to take a blood or breath test (chemical test) after being lawfully arrested then the driver’s license will be suspended for one (1) full year. If the refusal occurs in a second offense within the last ten (10) years, then the suspension will last for two (2) years. If the refusal occurs in a third offense within the last ten (10) years, then the suspension will last for three (3) years.
- If under 21 years old at the time of the offense then a first time will result in a suspension for one (1) year. A refusal to submit to a chemical test in a second time offense within the last ten (10) years will result in a suspension for two (2) years. If the refusal occurs on a third time offense within the last ten (10) years will result in a three (3) year suspension.
If you have been arrested or charged with a DUI offense in the Los Angeles or Southern California area, call Michael Kraut. Mr. Kraut understands the serious nature of this offense, how best to defend you, and how to resolve your case without you going to jail. Mr. Kraut has extensive knowledge of the law and the legal system. He has developed excellent relationships with law enforcement and law officials throughout the Los Angeles and Southern California.
For more information about the various defenses for your DUI case, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.