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Can Someone Arrested for DUI Keep Driving?

Los Angeles DUI defense attorneyYou have been arrested for driving under the influence of alcohol and/or drugs. You probably have a lot of questions regarding what happens after your arrest like:

  1. How are you going to travel back and forth to work?
  2. How are your children getting to school?
  3. What is your boss going to say when you cannot use the company vehicle to do your job?
  4. How the heck are you going to get around LA without a vehicle?

Another question is whether or not you can keep your driving privileges after being arrested for DUI in California. Yes you can. Honestly, the real answer depends on the type of legal representation you have.

A Los Angeles DUI defense attorney can help you. Contact a lawyer for your free initial consultation today.

After a DUI arrest, state law requires an officer to immediately do two things. He or she must send a notice of revocation or suspension form of your driver’s license to the Department of Motor Vehicles, or DMV. This generates an automatic review regarding your driving privileges. Until that time you are given a 30-day Order of Suspension and Temporary License.

You have 10 days from the date of your arrest to request a hearing from the DMV to fight the suspension. This must be done within 10 days from the day you were arrested for DUI.

Remember the 10 days includes:

  1. Weekends
  2. Holidays

A DMV Officer Oversees the Hearing

This hearing has nothing to do with your criminal case. A DMV officer reviews the evidence provided by the police, and listens to your side of the case before making a decision on whether you should or should not keep your driving privileges. Keep in mind that this hearing is critical in keeping your driving privileges. If you or an inexperienced attorney presents evidence, you will probably lose your license.

If you have an experienced Los Angeles DUI defense attorney representing you, you have a great chance of retaining your driving privileges. Why? The DMV typically suspends a person’s driving privileges if the following questions have “yes” answers:

  1.  Did the police officer have reasonable cause to believe you were under the influence of alcohol at the time you were driving
  2. Were you lawfully arrested for DUI?
  3. Did you have a blood alcohol concentration, or BAC, level of 0.08 percent or higher at the time you were driving?
  4. Or did you refuse a chemical test? If so, a longer period of potential suspension.

If you or someone you know has been arrested for DUI, contact a Los Angeles DUI defense attorney. The DMV only needs a preponderance of the evidence to suspend your driving privileges. Unfortunately, that is the lowest standard that the law has. That why it is important to hire a Los Angeles DUI defense attorney who knows the type of evidence to present to for you to keep your license.

Outcomes of a DMV Hearing

A positive outcome to the DMV hearing is the officer will set aside the action. This means that your suspension or revocation or restriction will end. You can regain your driving privileges. The second outcome is less favorable. The DMV will impose some action against you including:

  1. Keeping the revocation or suspension.
  2. After the suspension period is over, provide proof of insurance and enrollment or completion of alcohol program.

The answer to whether you can keep driving after your DUI arrest is yes. However, you have to fight to keep your driver’s license. The first step is to hire a Los Angeles DUI defense lawyer.

Contact us today to discuss the details of your case in a free consultation with Jon Artz.

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