Anaheim License Suspension Attorney
Was your driver's license suspended for a DUI in Orange County?
Under the California Vehicle Code § 23152, it is illegal to drive
under the influence of alcohol (at or above .08 percent BAC) or drugs.
If you are arrested for this offense, then you face the possibility of
driver license suspension as a penalty. According to the California Driver
Handbook, there are a variety of offenses that could result in a loss
of license. One way to lose your license is to have it suspended by a
judge, which is what would happen if you are convicted of a DUI offense.
At the time of your DUI arrest, the official who pulled you over will confiscate
your license and give you a temporary driving permit. This permit will
allow you to drive until you can schedule a
DMV hearing. If you fail to schedule a DMV hearing within ten days, then you lose
your right to contest your license suspension and your driving suspension
will then go into effect for however long the judge required. At the end
of your suspension period, you can pay a fine to have it
How long will my license be suspended?
Provided you did not refuse the chemical test, a DUI conviction with no
aggravating factors will result in a four-month suspension. If this is
your second or subsequent offense for drunk or
drugged driving within ten years, you will face a license suspension for one year. If
you are under the age of 21 and you were arrested and convicted for
underage DUI, you will lose your driving privileges for one year.
If you were arrested for DUI and you refused to submit to a chemical test,
then you will face a one-year suspension. For a second refusal within
ten years, you will face a two-year revocation, and for a third or subsequent
refusal within ten years you will face a three-year revocation of your
driver's license. Don't give up your right to drive without first
speaking to a DUI lawyer.
Limited Reinstatement for Hardship Purposes
One of the most punitive aspects of a
DUI case is the effect on a person's driver's license. The Law Office of
Barney B. Gibbs understands how hard it can be to live without your normal
mode of transportation, which is why we have spent countless hours helping
clients fight for limited driving privileges. Instead of having your license
suspended completely, we will work to see that you are able to utilize
your license under restricted conditions, such as going to work or school.
An arrest for DUI can put into motion at least three possible suspensions:
- Suspensions through the DMV by way of administrative per se
- Suspensions through convictions in court
- Suspensions resulting from too many points on the driving record
In addition, suspensions for those persons under 21 years of age can be
different from those over 21 years of age. Fortunately, the law allows
many opportunities for you to decrease, or in some circumstances, dismiss
driving suspensions. To learn more about obtaining a hardship or "restricted
driver license" after your DUI arrest, please contact our firm today
for a free consult.
Aggravated or Felony DUI License Suspension
We have already mentioned that license suspension periods get longer with
each subsequent conviction within a ten-year period, but there are other
aggravated factors that could increase the length of your driver license
suspension or revocation. For example, a DUI accident resulting in injury
can result in a driver license suspension of one to three years, depending
on the circumstances. Other types of more serious DUI offenses include
DUI manslaughter, DUI with three or more prior convictions or DUI with a blood alcohol
content of 0.15 percent or higher.
Schedule Your Free & Confidential Consultation Today
Have you been arrested for DUI? Maybe you are facing the possibility of
license suspension for another reason, such as reckless driving, hit-and-run,
fleeing a law enforcement officer or possessing firearms in your vehicle.
The criminal defense lawyers at The Law Office of Barney B. Gibbs have
the skill and experience you need to stave off license suspension.
You can be confident that, if there is a reason to get your revocation
or suspension released, we will find it.
Attorney Barney Gibbs has more than 30 years of experience not only in the criminal justice system, but specifically in Orange County
courts. His familiarity with these types of cases, the judges and the
prosecutors can serve to benefit your case. To receive a
free evaluation of your license suspension case, please do not hesitate to contact a DUI
attorney at our Anaheim firm today.