When a person is convicted of a DUI, there are actually two different ways they can lose their driver’s license for a period of time: DMV suspension and court suspension. Keep reading to learn the facts about both options and then contact Law Office of Michael L. Fell at (949) 585-9055 if you require a free legal consultation from an experienced attorney.
The Basics
The simplest explanation is that when a person is charged with a DUI, the state Department of Motor Vehicles (DMV) will automatically initiate an administrative suspension of the driver’s license. After the accused is convicted, the court can then order that their license be suspended due to the conviction. These are entirely different proceedings from one another and can both be applied at the same time.
Contesting License Suspensions
A driver can challenge a DMV suspension by requesting a DMV hearing. This must be requested within ten days of the arrest. If it is not requested, then the suspension will be automatic. A driver can fight against a court driver’s license suspension by fighting the criminal DUI charges they are facing. This would generally involve pleading not guilty and working to prove their innocence.
Situations That Can Lead to an Automatic DMV License Suspension
If a person is found to have had a BAC of 0.08% or greater or they refused to take a blood or breath test, then they can face what’s known as an “administrative per se,” suspension. This will generally go into effect 30 days after the arrest takes place. Even if there are never criminal charges filed against you in state court, this suspension will still initiative unless the suspension is challenged.
What to Expect in a DMV Hearing
This is a much less formal situation than you will experience if you take your DUI to trial in state court. You still have the right to be represented by a criminal defense attorney, to review all evidence and challenge it (such as the police report or breathalyzer results), to subpoena and present witnesses (including the officer who arrested you), cross-examine any witnesses, and testify on your own behalf.
Note that the DMV must prove that the DUI stop was legal and that you were either driving with a BAC of more than 0.08% or that you did not agree to take a blood or breath test. They do not have to prove this “beyond a reasonable doubt,” as they would in a criminal court. They must only prove a “preponderance of the evidence,” which means that it is more likely than not that you are guilty.
You should not go into any legal hearing or procedure without the advice of an attorney. Contact Law Office of Michael L. Fell now at (949) 585-9055 to request a free legal consultation.