There are two possible license suspensions with a DUI arrest. One is upon conviction and one is a DMV suspension triggered by being .08 blood alcohol level (BA) or more at the time of driving. This DMV DUI license suspension can be delayed or in some cases avoided if a DMV hearing is set. These suspensions can start 30 days after a DUI arrest if you were a .08 blood alcohol (BA) level or more, 21 or more years old with a valid license at the time of the stop and you failed to set up a DMV hearing. The officer should have given you a pink sheet suspension notice/temporary license. It will also start 30 days later if you are under 21 years old, or on probation for DUI, or you refused the blood test and failed to set up a DMV hearing, then there is a one year suspension. Additionally, even if your license was not taken from you or you were not given a suspension notice and temporary license, a conviction for DUI also will trigger a seperate suspension. These suspensions can be converted in most cases to a restricted license for work, programs etc. after 30 days of suspension.
In order to try and avoid aDMV DUI license suspension, a DMV hearing request must be made per the instructions on the suspension notice and temporary license pink sheet. Simply by setting the hearing, any valid license will continue to be valid pending a suspension hearing and a notice of the findings after the hearing. The DMV immediately grants an extension on any license for 60 days or until the results of the hearing. These results could be delivered prior to the 60 days, but may also be delivered afterward. The suspension notices usually give you about a 5 day heads up before the suspension takes effect.
The DMV hearings allow you to keep your license longer and are a valuable tool for your attorney because they can provide reports, blood alcohol levels and other information even before the first appearance. Additionally you have an opportunity to challenge the suspension at the hearing and the defendant does not usually have to appear. Contacting a DUI Defense attorney as soon as possible is important to understand your options and not miss DMV deadlines. Call Christoph Law Offices at 760-670-3885 for a free consultation. For over 30 years across from Vista Courts , we have provided the highest level of personal and professional represntation DUI Defense representation.
