Not only are those charged with DUIs required to defend themselves in criminal court, they must also participate in DMV administrative hearings that may result in driver’s license suspensions and revocations. The proceedings are distinct from one another and the findings in one court do not affect the other with the exception of a jury determination of not guilty. Where a jury finds an individual not guilty, then license suspensions and revocations are vacated.

The penalties imposed for DUIs depend on a variety of factors, including your age and the number of offenses, and other extenuating circumstances. The following is a list of offenses and penalties:

1st Offense

• Minimum 1 year license suspension for drivers under 21 with a BAC of .01 or more
• Minimum 1 year license suspension for refusing to take a blood, breath, or urine test
• Minimum 4 month license suspension for drivers 21 and older with a BAC of .08 or more

2nd Offense

• Minimum 1 year license suspension for drivers under 21 with a BAC of .01 or more
• Minimum 2 year license revocation for refusing to take a blood, breath, or urine test
• Minimum 1 year license suspension for drivers 21 and older with a BAC of .08 or more

3rd or more Offense

• Minimum 1 year license suspension for drivers under 21 with a BAC of .01 or more
• Minimum 3 year license revocation for refusing to take a blood, breath, or urine test
• Minimum 1 year license suspension for drivers 21 and older with a BAC of .08 or more

DMV Process

The clock starts to run on the administrative hearing process as soon the as a driver is cited with a DUI. If the driver refuses to take a blood alcohol test, his or her license will be revoked for 1 year for a first offense, 2 years for a second and 3 years for three or more offenses.

Drivers have 10 days from the date of a DUI citation to request a DMV hearing.
Once a person is issued a suspension or revocation order, they have 30 days until the order goes into effect. However, if you fail to contact the California DMV within the 10 days, you will immediately lose your driver’s license.

DMV Hearing

The DMV hearing process is similar to a court proceeding. DUI defendants are given the opportunity to present their case, a hearing officer will then ask questions and examine the events surrounding the arrest, and ultimately issue a final determination that may suspend or revoke your driving privileges.

The hearing officer will determine the following:

• Whether the DUI defendant was operating the motor vehicle
• Whether reasonable cause existed to stop the vehicle
• Whether the police officer followed proper procedure in making the arrest
• Whether the DUI defendant had a blood alcohol content of .08 or greater

The attorneys at The Chahine Law Firm understand not only the laws concerning California DUIs but also the techniques and strategies employed by law enforcement officers that may be used to deprive an individual of his or her rights. We can work with you to provide the best defense possible to reduce or even eliminate the charges against you.

If you have been charged with a California DUI, time is of the essence. For a free consultation and to find out how we can help, please call an experienced Los Angeles DUI Defense Attorney at The Chahine Law Firm at 1-800-950-7755.