Most frequent questions and answers
If the client wins at the Administrative Per Se (A.P.S.) his/ her license will be returned to them. However, if one loses the hearing, he or she will be unable to get their license until the end of their suspension or revocation period. Many clients can qualify for a restricted driver’s license after a 30 day suspension, a process we are eager to assist our clients with.
If the defendant is over 21 years old and took the blood, breath, or urine test which showed a BAC of .08% or higher, the defendant can expect: A four months suspension for a first offense. Defendant’s second offense within 10 years of the previous DUI will face a ONE year suspension. Drivers with a BAC of .01 who are under 21 years old face an automatic suspension of up to but not limited to one year.
While there is often a mandatory suspension period before one can qualify for a restricted license, defendants must request a hearing within 10 days of their arrest. If a defendant loses their case at the hearing, they can request a restricted license to use for travel to and from work after the end of their mandatory suspension period (often 30 days).
California drivers are required by law to take a chemical test to determine their BAC. Refusing to take a chemical test can cause mandatory jail time for the defendant. Refusing to take a chemical test will result in a one year license suspension for first time offenders. If it is the defendants second offence a license revocation for a period of two years is required. Defendants facing a third offense in a period of ten years can be given a three year license revocation.
When the DMV takes action against a person’s driving privilege, that person often has a right to hearing before the DMV to contest the action. This hearing must be requested within 10 days of the arrest and hearings can be conducted both in person and on the telephone. At the hearing the driver is given the opportunity to review and challenge all evidence presented against him/her in an attempt to persuade the department to change the action.
The assistance of an experienced attorney is often crucial in DMV cases, and Akel & Associates can schedule a hearing for our clients and appear on their behalf. The minimal time to request a meeting makes it imperative for drivers to contact us immediately so our experienced team can schedule a hearing within the 10 day window.
If you or a witness requires a sign or language interpreter, immediately contact us so that we can notify the Driver Safety Office to request that an interpreter be provided for the hearing.
If it is determined by the Department of Motor Vehicles that the court decision is a sustained acquittal, a driving suspension or revocation will be reversed.
In these circumstances, the reduction of a DUI charge or the decision not to criminally prosecute a DUI does not ensure the return of one’s driving privileges. While one may get another chance to appear before the DMV, there is no guarantee of regaining driving privileges.
Noncommercial drivers can obtain a restricted drivers license if they demonstrate proof of enrollment in a DUI treatment program, pay about $125 reissue fee after a mandatory 30 day suspension, and file proof of financial responsibility. If facing a second offense within 10 years, one must submit proof of enrollment in a DUI treatment program, proof of financial responsibility, and a $125 reissue fee one year after the suspension date. Drivers facing a third offense are unable to apply for any restricted license.