Fresno License Suspension Attorney
Fighting Suspended Licenses in California
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 license suspension lawyer is prepared to help you protect your driver’s license.
Facing a suspended license? Contact our offices to find out how The Law Office of Brian C. Andritch can help you!
How to Fight a License Suspension
If you have been arrested for a DUI in California and your license is at risk of being suspended, it's essential to understand your legal rights and options for fighting the suspension. Here are some critical steps to take:
- Request a DMV Hearing: Within ten days of your arrest, you can request a hearing with the California Department of Motor Vehicles (DMV) to contest the suspension of your license. Your license will automatically be suspended if you don't request a hearing within this time frame.
- Gather Evidence: Your lawyer can help you collect and organize evidence to present at the DMV hearing, such as witness statements, police reports, and any other documentation related to your case.
- Challenge the Evidence: Your lawyer can also challenge the evidence presented by the prosecution, including the results of any field sobriety tests or breathalyzer tests. They may argue that the tests were administered improperly or that the results are unreliable.
- Negotiate a Plea Bargain: If your case is not dismissed or you are not acquitted at trial, your lawyer can negotiate a plea bargain with the prosecution to reduce the charges or penalties.
- Appeal the Suspension: If your license is ultimately suspended, your lawyer can help you file an appeal to have the suspension overturned or reduced.
- Seek Alternative Transportation: While your license is suspended, it's important to find alternative transportation, such as public transportation, carpooling, or rideshare services, to avoid driving without a license.
- Complete Any Court-Ordered Requirements: If you are convicted of a DUI, you may be required to complete specific requirements, such as attending DUI classes or installing an ignition interlock device in your vehicle. Please comply with these requirements to avoid additional penalties or further license suspension.
By taking these steps and working with an experienced Fresno DUI attorney, you can improve your chances of successfully fighting a license suspension and minimizing the impact of a DUI arrest on your driving privileges.
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 0.18: 6 months suspension
- BAC between 0.18 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
Contact Our Fresno License Suspension Lawyer Today
Our Fresno license suspension 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 18 years of experience in criminal law.
"An honest and hardworking lawyer who has training and years of experience working with DUI's in the County of Fresno."Former Client
"This guy goes above and beyond for his clients."Former Client
"Kept me from having to spend any jail time."Former Client
"He was very informative and helpful."Former Client
"Was also careful to give me a straightforward account of what to expect during and after my case."Former Client
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