Why are there Two Driver’s License Suspensions After a DUI?
DUI is the most commonly prosecuted crime in California. The punishment for a DUI conviction is not getting any lighter any time soon. The process is confusing, and arguably ridiculous.
I get more questions about DUI’s then I do about any other cases. How do I get my license back. Why is my license being suspended again? Do I need to put that thing (Ignition interlock) in my car? What’s an SR-22? And then there is all the standard stuff: Will I have to go to jail? How much is the fine? Can I do city jail instead of county jail? And so on….
One of the greatest services the criminal defense or DUI lawyer can do for his client is to help navigate the crazy course of events that ALWAYS follows a DUI arrest. And now, the arrest can be for alcohol, drugs, or both. The arrest can be for a felony based upon injuries or prior convictions.
Even a first offense DUI is cause for pulling one’s hair out with all of the hoops which need to be jumped through in order to avoid a pitfall. If the case is a felony, or a multiple offense or someone was injured, then things get much worse, very quickly.
Just this morning, a client emailed me asking why he was getting another letter from DMV stating that his license was being suspended…Again. The reason was based on the court conviction which occurred after the DMV, administrative action. This is to say, that after a DUI arrest, we can lose our license based upon the findings in the DMV administrative Per Se hearing and/or based upon a court conviction for a DUI. They are separate actions. Fortunately for my client, all he has to do to get his license back TODAY is to install an ignition interlock device on his car. Then he is free to drive anywhere, any time.
In the alternative, he can elect to take a one-year restriction on his license allowing him to drive ONLY to and from the alcohol school and to and from work. I normally recommend against this restriction, as driving in violation of the restriction could violate your probation, generate a new criminal charge, get your car towed, and more.
Remember that the .08 standard is very low. Remember that more and more agencies are prosecuting drug DUI’s, even for marijuana consumption. You only have ten days from the date of the arrest to request a DMV hearing. DUI is a “priorable offense”. That means the punishment gets worse each time. Some DUI cases can be reduced or even dismissed. We can’t win every case, but we can help you get through the maze a lot easier. Don’t go it alone!
If you or someone close to you has been arrested for a DUI or some other crime in Southern California, I would be happy to speak to you about how I can help.
Attorney Jeffrey Vallens (818) 783-5700 or email me: vallenslaw@yahoo.com