Experienced Fresno DUI Attorney – (559) 484-2112
If you’ve been arrested for a DUI, your driver’s license will automatically be revoked and you will be issued a temporary license that is good for 30 days. If you don’t take immediate action, your license will be suspended at the end of the 30-day period. It is critical to begin your DUI defense quickly to avoid losing your driving privileges. Our Fresno DUI lawyer is prepared to help you protect your driver’s license.
If your license has been suspended after a DUI, you have 10 days from the date of your arrest to request a hearing with the California Department of Motor Vehicles (DMV). At the DMV hearing, you will be able to fight your license suspension, and prove that your arrest was unjustified. Your lawyer can represent you at the hearing and can help you prepare to defend your license.
Your DMV hearing is different from your criminal trial. Since the DMV is taking action against you by suspending your license, you must have an opportunity to be heard, according to due legal process. Your DMV hearing allows you to exercise your right to a hearing. This hearing will only discuss your driving privileges and the circumstances of your arrest. It is not a criminal trial, and any criminal aspects of your trial will not be heard. At your DMV hearing, you can expect to discuss:
- Probable cause and if the officer had reasonable suspicion that you were impaired.
- If your arrest was lawful.
- If you were driving while your blood alcohol content was 0.08 or higher.
If you refused to take or failed to complete a blood, breath, or urine test, the hearing will also address:
- If you were told that, should you refuse the test, your driving privilege would be suspended for one year or revoked for 2 to 3 years.
- If you refused to submit to or complete the test after an officer requested that you do so.
How Long Can My License Be Suspended?
The length of your license suspension is dependent on several factors, including your age, your BAC, and prior DUI convictions.
- BAC greater than 0.01: 1-year suspension
Drivers Over 21:
- BAC between 0.08 and 0.15: 6 months suspension
- BAC between 0.15 and 0.20: 9 months suspension
- BAC greater than 0.20: 10 months suspension
- Any BAC and involved in an accident that causes injury: 1-year suspension
Defend Your License – (559) 484-2112
Our Fresno DUI attorney can help you protect your license from suspension and guide you through both your DMV hearing and your criminal trial. At The Law Office of Brian C. Andritch, we are committed to offering our clients high-quality, aggressive defense from a former prosecutor with more than 15 years of experience in criminal law.
Contact our offices by calling (559) 484-2112 to request a free consultation. We are available anytime, day or night.