Driving Under the InfluenceDUI DRIVING SUSPENSIONSA person may receive a suspension of their California driving privileges if convicted of a DUI offense in court, or as a result of the DMV‘s internal Administrative Per Se (APS) procedure. The courts are typically no longer involved in the suspension of licenses for DUI offenses. The licensee still faces, however, 2 possible suspensions of their driving privilege as a result of a DUI arrest. DMV may suspend based on its own internal APS procedure, which goes into effect after 30 calendar days if the licensee fails to request a hearing within 10 calendar days of the arrest, or after ruling against the licensee at the hearing. DMV may also suspend the driving privilege if the licensee is convicted of a DUI offense in court. These suspensions can be of varying length, and do not necessarily run together. Many people end up with longer suspensions because they do not have a lawyer who knows their legal rights with respect to DMV. I have even seen and later represented attorneys who fall into this category, because they were not experienced in the intricacies of DUI and DMV law. The sanctions for driving in violation of a DUI suspension are severe, and call for mandatory periods of jail time. Compliance is essential, and unnecessary longer periods of suspension due to ignorance can be avoided. |
The Brewer Law Firm
888-533-5798
Newport Beach:
Newport Beach, CA 92660
Long Beach, CA 90802
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- DRIVING UNDER THE INFLUENCE (DUI) / DRUNK DRIVING / 502‘S
- VEHICLE CODE SECTION 23152(a) - IMPAIRMENT
- VEHICLE CODE SECTION 23152(b) - .08% OR HIGHER
- DRIVING
- A MOTOR VEHICLE
- BLOOD ALCOHOL LEVEL AT THE TIME OF DRIVING
- RISING BLOOD ALCOHOL LEVEL
- SUBSEQUENT DRINKING
- BREATH TESTING
- BLOOD TESTING
- DMV HEARINGS ON DUI CASES
- DUI DRIVING SUSPENSIONS
- DRIVERS FROM OTHER STATES AND COUNTRIES
- BASIC DUI PENALTIES
- UNDER 21/ JUVENILE DUI - VEHICLE CODE SECTION 23140
- COMMERCIAL LICENSE DUI
- BOATING UNDER THE INFLUENCE (BUI)
- DUI WITH INJURY
- VEHICULAR MANSLAUGHTER
- SECOND-DEGREE MURDER DUI (WATSON MURDER)
- DRIVING ON A SUSPENDED LICENSE (OR DRIVING PRIVILEGE)
- VC 14601(a) - NEGLIGENT OPERATOR
- VC 14601.1(a) - SUSPENSION DUE TO TRAFFIC VIOLATIONS, UNPAID TICKETS, ETC.
- VC 14601.2(a) - SUSPENSION DUE TO DUI CONVICTION
- VC 14601.5(a) - SUSPENSION DUE TO DUI ARREST
- DRIVING WITHOUT A LICENSE - VC 12500(a)