DUI Arrest and Driver's License Suspension
Time is of the essence. The moment you're arrested for a DUI, the clock starts ticking with the DMV. California Vehicle Code 23152(a) outlines the DUI laws. It's crucial to act swiftly and secure legal representation.
The DMV deals with your driver's license after you get arrested for a DUI. The police have likely taken your driver's license away from you, giving you a pink form that says that you have ten days to all the DMV to ask for a hearing and also to ask for a stay on the suspension until you get your hearing.
If you fail to act within these critical ten days, your license will be automatically suspended thirty days after your DUI arrest. This means you'll lose the chance to contest the suspension. The consequences of inaction are severe.
Could you please hire a lawyer within those ten days? In that case, the lawyer can call the DMV on your behalf, ask for a hearing, ask for a stay on any suspension until you get the hearing, and even if the hearing is two months from the arrest, you'll still be able to drive during that time frame. At the same time, you wait to see what happens with your DMV hearing.
Our role is to act on your behalf in the DMV process. We will formally inform them that we are representing you, ensuring your rights are protected, and providing you with the necessary support during this challenging time.
We will send a formal letter to the DMV and obtain fax notifications to confirm that it was sent within the ten-day window. This proactive approach ensures that we have fulfilled our obligations to challenge the DMV's suspension of your driver's license.
Driver's License Suspension
If it's a first offense and it doesn't involve a refusal, then if you lose, you'll lose your driver's license for thirty days. Then, after that, you'll get it back for five months on a restricted basis to drive to and from work, during the course and scope of work, to and from school, to and from any alcohol program.
You'll also have to put an ignition interlock device in your car to start your vehicle. So, as you can see, if you don't move quickly, you automatically lose all your rights related to the DMV.
I also think it's essential to move quickly for your driver's license as far as hiring a lawyer for the criminal case because you can win the DMV hearing, and they don't suspend your driver's license administratively through the DMV.
However, if you lose the criminal case and end up having to plead guilty to a DUI, that guilty plea in that conviction in your DUI case in Los Angeles will be sent to the DMV's computers, and then you will lose your driver's license anyway. Not administratively, but because you got the conviction in the court.
Early Intervention By A Lawyer
It's crucial to act quickly and involve a lawyer in your case. This is not a situation to be ignored. A DUI in Los Angeles is a serious matter, and without legal representation, you risk being at the mercy of the system. Early intervention by a lawyer is key to navigating this complex process.
So, we should jump on this thing immediately. Please don't ignore it. This isn't some little traffic ticket.
A DUI in Los Angeles, primarily based on the political climate, is very serious, and the prosecutors and judges take it very seriously. If you don't have somebody there to champion your rights with the DMV and with the court system, they're going to trample all over you, and they're not going to care.
You can cry and whine and yell and say you have no record and it's not fair — they're going to get you anyway, and once you go into that system. You see how vicious they are; you're going to get a good feel that they don't mess around with these DUI cases because, quite simply, it's a political issue. People die on the roads.
Mothers Against Drunk Driving has a lot of power, especially in California. If you have yet to learn it by now, the state of California, particularly Los Angeles and surrounding counties, is very tough on DUIs. They don't mess around, so you better not mess around either.
Get an attorney right from the gate. Once we're hired, we jump right on it. We call the DMV, send the letter, make sure your case is calendared, and appear in court for you.
A lot of times, if it's just a first-time DUI, we can appear for you on the first court appearance, get the paperwork, speak to the prosecutor, start to talk to them about the case and see what their position is, and then when we meet with you after you've reviewed the paperwork related to your DUI matter.
We will have a good feel for the strengths and weaknesses of the prosecutor's case. We can advise you accordingly on what type of moves we're going to make to preserve your rights, freedom, and reputation, get you out of the criminal system as fast as possible, and get you back on the road so you can drive again following your DUI arrest.
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