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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

Is There DUI License Suspension for an Escondido DUI arrest?

There may be a DUI license suspension after an Escondido DUI arrest just like anywhere in California.  There are two types of suspensions possible after an arrest.  There is suspension triggered by a conviction for VC 23152(a) DUI or VC 23I52(b) .08 BA or more, which can be converted to a restricted license in most first offense cases if you are age 21 or older.  Underage drivers have to apply for a critical need license.  The most common suspension which needs immediate action is as a result of being .08 or more BA (blood alcohol level) or .01 BA or more if on probation or under 21 years old.

When you are arrested and released from custody you are not only given a Criminal Case court date and time, your license is taken from you and you are given a Notice of Suspension and Temporary License.  This notice states that for a first offense, your license is suspended for 4 months and the suspension starts 30 days from the arrest date.  However, you or an attorney can call DMV within 10 days and set up a hearing to challenge the suspension, this delays any DUI license suspension action for about 45 to 60 days.  Failure to call within 10 days of arrest waives your right to a hearing to determine if the officer had probale cause to contact you, you were lawfully arrested and your BA was .08 or more if age 21 or greater, or .01 BA if under 21 or on DUI probation. 

If you loose the hearing or do not set one, the 4 month suspension may be converted after one month of suspension to a 5 month restricted license allowing you to drive to/from and in the couse of your employment as well as Court ordered programs.  To get that restriction, you need to be signed up for the DUI program, have an SR-22 insurance form on file with DMV and pay a $125 re-issue fee.  There are a number of laws concerning the suspensions which cannot be completely reviewed her.  It is important you contact experienced DUI lawyers like Christoph Law Offices who have handled over 3000+ DUIs over more than 30 years across from the Vista Courthopuse.  Call 760-941-5720 for a free consultation.

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