Driver’s License suspension is revocation of driving privileges for a specific period of time. Driver’s License suspension is decided at the administrative hearing before the DMV hearing officer. Driver’s License suspension is a separate procedure from the criminal court hearing and is not related to what happens in the criminal department of the court.
If you have been caught driving under the influence of alcohol or drugs, you are facing potential Driver License suspension for at least thirty days in CA. After thirty days you can apply for reinstatement of your driver’s license and get a restricted driver’s license that will allow you to drive to and from work, or in the course and scope of employment, and to and from a treatment program, which includes drunk driver school program and AA meetings if you are required to attend them. You can remove the restriction on your drivers license once you have successfully completed the DUI program, or have graduated from the DUI program as they say, and have fully paid for the cost of the DUI school.
Now, is there a away to stop your driver’s license suspension? Yes, there is. It is best to go to an administrative DMV hearing with a lawyer specializing in DUI defense. Usually the DUI lawyer knows the hearing officer and knows how he or she hears cases and decides on driver’s license suspension. Your DUI lawyer will know how to present your case to ensure the highest chance of you keeping your license. When you hire a DUI lawyer, your DUI attorney will usually charge you a flat fee, which could differ
depending on the area of your residence. In my area in N.CA it is somewhere around $2,500. The money is payable upfront and includes defense in front of the judge in criminal court, whereas the judge will decide on your criminal sentence, the fine and or community service, the mandatory DUI school attendance and the duration of the DUI class, which will usually depend on whether it is a first or second offence, possible treatment programs, interlock device installation, sheriff’s alternative program (picking up garbage on the freeway), and any other penalties; as well as the appearing with the DUI offender at the administrative DMV hearing in front of the hearing officer.
A smart and experienced DUI attorney will try to postpone your hearing (request a continuance) so that you can have an administrative hearing before you are convicted for the criminal DUI offence. That way the hearing officer does not have substantial evidence of your DUI and may have doubts whether you really were under the influence when you got in your car and started driving. There is a slight chance that you may keep your driving privileges even if you are later convicted for DUI in court.
First thing to remember if you get pulled over and the police officer suspects that you have blood alcohol level exceeding the limit, after you have taken a field sobriety test and a breath test, you may want to obtain an independent test for blood alcohol level at a hospital. The testing device used for blood alcohol level testing in Arizona is the Intoxilyzer 5000 machine. It is highly inaccurate. Thus if you have been arrested for DUI in Arizona and the breath test shows that your blood alcohol level is higher than norm, get a second opinion from an independent hospital. The results of a test will help your DUI lawyer fight for you in the court.
