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LICENSE SUSPENSION
If you were arrested for DUI (driving under the influence) in Orange County, California, you may have gotten a “Notice of Suspension” from the arresting officer. This is the official notice to you that your California driver’s license is suspended. It also serves as a 30-day temporary driver’s license that you can use to continue to drive.
Driver’s Licenses from Other States
If you have a driver’s license that is from another state or country, the Orange County police officer or California Highway Patrol (CHP) officer who arrested you cannot take that license from you upon your arrest, but you could receive the same Notice of Suspension that suspends your privilege to drive in the state of California.
Ten Days to Request a DMV Hearing
It’s imperative that you contact the California Department of Motor Vehicles (DMV) within 10 days of getting a Notice of Suspension. You should record the date and time you contacted the DMV for a hearing and the name of the clerk you talk to. It’s preferable that you secure the assistance of an attorney before the hearing is requested, so your defense attorney can attend the hearing with you.
You have the right to contest the license suspension at the hearing. If this was your first DUI offense, your driver’s license could be suspended for four months, a period during which you are not allowed to drive any vehicle. If this DUI offense is not your first, the suspension could be much longer.
Breath Test, BAC Test or Refusal
When you were arrested on suspicion of driving under the influence, the arresting officer should have given you a choice: have a breath test or have a blood alcohol concentration test, or refuse to take a test. If you took a breath test and the result was .08% or higher, the officer probably gave you the Notice of Suspension on the spot.
If you took a blood test, the result is not available immediately, but you may still have gotten the Notice of Suspension.
If you refused to take either the breath or blood test, your license was automatically suspended for one year, with no possibility for an exception to the suspension so that you could drive to and from a job (even if this was your first DUI offense); the suspension is for two years with no job exception if you refuse the tests and this is the second DUI offense in the past 10 years.
Talk with a DUI Defense Attorney
A license suspension is a serious problem, but it may be possible to get your license reinstated when you have knowledgeable and skillful legal representation. Contact Tom Wallin, a DUI defense attorney with hundreds of successful cases to his record.
Case Results
1st offense DUI in North Court (Fullerton) – Client had a BAC of .10 reduced...
1st offense DUI Under 21 BAC 0.16 Harbor Court (Newport Beach) – Client was in the Fire Academy and facing both DMV and criminal charges...
3 arrests for DUI in a 3 month span. All cases out of Orange County...
Felony Case Results.... Read More
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