Facing a DUI arrest can be daunting, understanding how a DUI arrest can affect your ability to drive and what steps you need to take is essential for protecting your livelihood. We tackle this in this article, empowering you as we discuss:
- How to avoid losing your driver’s license in a California DUI case.
- Timelines associated with license re-issuance.
- The circumstances that warrant license restriction versus outright suspension.
I Have A CDL. How Will A DUI Arrest Affect Me?
A DUI can have different penalties depending on whether you’re a first-time offender or not.
No Accident Or Injury
If you’re a first-time convict but there were no accidents or injuries as a result of your DUI, you can simply install an ignition interlock device and avoid a hard suspension. You would be unrestricted, meaning you could drive wherever you wanted, so long as you passed the IID before you started your car. The ignition interlock device would be in your car for six months. The IID devices are typically rented for just under $100 per month, plus you have to pay for them to be recalibrated every so often. You would also have to provide an SR-22 – proof of insurance – that remains on file with the DMV. An SR-22 is relatively inexpensive, about $35. However, the insurance company may increase your premiums after you request an SR-22.
Another option is to forgo the IID. This would mean you’d have a one-year restricted license, prohibiting you from driving anywhere other than to and from work or school. Opting for this option means you’d have to disclose your home and work or school address to the DMV, as well as your general hours of commuting. You’d only be able to drive during those times.
The final option is to take a full-on one-year driving suspension. After the 12 months conclude, your driving suspension will too.
When Someone Suffers An Injury
Keep in mind that the above options are only available for first-time offenders in instances where there was no accident or an injury didn’t occur if there was an accident. If there is an injury, you have no choice but to have an IID in your car for an entire year as a first-time offender.
Second-time offenders likewise have to have an IID in their car for 12 months, and third-time offenders for a whopping two years.
The Law Enforcement Officer Took My License. Can I Still Drive?
If your license was taken by law enforcement after a DUI arrest, you’ll typically be provided with a temporary license, pink piece of paper called the DS 367, which serves as your temporary driving permit for 30 days. During this time, you can still drive using this temporary license.
Its important you note that while your DS 367 is good for 30 days, you only have ten days from the date of your arrest to request a DMV hearing regarding the potential suspension of your license. This hearing gives you the opportunity to contest the license suspension, and if you hire a DUI attorney, they can help extend your driving privileges until the hearing date, which is usually scheduled a few months after the arrest.
If you win the DMV hearing, you won’t face a license suspension. But if you lose, you’ll need to consider your options, such as installing an ignition interlock device (IID) or having a restricted license for work and other essential purposes.
Acting quickly is essential to getting through this process in the best situation you can. Be sure to request the DMV hearing within the 10-day window, and seek legal representation to navigate the process effectively and protect your driving privileges.
Attorney Saman Manavi, based in Beverly Hills, California, is an experienced legal advocate specializing in DUI defense, with a focus on cases involving Commercial Driver's License (CDL) holders. Having successfully guided numerous CDL drivers through the aftermath of a DUI charge, Attorney Manavi is well-versed in the unique challenges and consequences faced by clients in such situations. Committed to protecting clients' driving privileges and livelihoods, he provides invaluable insights into navigating license suspensions, administrative hearings, and reinstatement processes. You can trust Saman Manavi to advocate fiercely on your behalf and safeguard your driving future. Still have questions? Ready to get started? Contact Manavi Law Group, APLC today to schedule an initial consultation.
If I Miss The Filing Date For My Admin Hearing, Is There Anything I Can Do?
If you miss the filing date for your DMV administrative hearing, there may still be options available depending on the circumstances surrounding the missed deadline and how quickly you realize the error.
The deadline for requesting a DMV hearing is typically ten days from the date of your arrest. It’s essential to ensure you meet this deadline, preferably well in advance, to avoid any potential issues. If your 10th day falls on a weekend or a holiday, it’s wise to complete the process before that date to prevent any complications from arising.
If you miss the deadline due to extenuating circumstances, such as illness or a medical emergency, the DMV hearing officer may exercise discretion and grant you 1- or 2-day extension. However, it’s better not to rely on this possibility but instead aim to complete the process within the original timeframe.
Requesting a DMV hearing is a relatively straightforward process, usually involving a phone call and faxing any necessary documents. Seeking assistance from a lawyer can also streamline the process and ensure timely submission of the request since they’re so acquainted with the process and associated rules.
If There Is No Administrative Suspension, Can I Get My Plastic License Back? If So, When Can I Get It?
If you win your administrative hearing, you will get your license back. Typically, you can obtain it the same day, but it’s advisable to allow a day or two for the DMV’s systems to update before visiting a DMV field office.
When you go to the DMV, you won’t receive the confiscated driver’s license back. Instead, you’ll be issued a new one. This process involves taking a new picture and paying a small reissue fee. After completing these steps, your new license will be mailed to you within a few weeks.
After My License Suspension, Will My Driver’s License Be Reinstated Automatically?
After your license suspension period ends, it will be reinstated by the DMV after you take the necessary steps. Visit the DMV the day after the suspension ends. At that time, you can pay the reissue fee, have a new license issued, and take a new picture. This ensures that you have a valid plastic license in your possession as soon as possible, ready to be presented as identification if needed while driving.
For more information on Driver’s License In A California DUI Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 4159-499 today.
Attorney Saman Manavi, based in Beverly Hills, California, is an experienced legal advocate specializing in DUI defense, with a focus on cases involving Commercial Driver's License (CDL) holders. Having successfully guided numerous CDL drivers through the aftermath of a DUI charge, Attorney Manavi is well-versed in the unique challenges and consequences faced by clients in such situations. Committed to protecting clients' driving privileges and livelihoods, he provides invaluable insights into navigating license suspensions, administrative hearings, and reinstatement processes. You can trust Saman Manavi to advocate fiercely on your behalf and safeguard your driving future. Still have questions?
Ready to get started? Contact Manavi Law Group, APLC today to schedule an initial consultation.