DMV License Suspension Help

Orange County - San Diego DUI Lawyer

If you have an arrest for driving under the influence of alcohol or drugs, including an accident DUI or a felony DUI, I can help you. I am Orange County and San Diego DUI lawyer Scott R. Cadzow, and if you need a skilled, experienced Orange County or San Diego CA DUI defense lawyer with a track record of success, please call me at (949) 361-9413 or (760) 757-0110 for a free consultation. I can also help you when your license has been suspended by the DMV for a DUI. Questions and answers about DMV license suspension are below. For more information about obtaining a top-quality DUI defense, please see : DUI Defense Overview.

DMV License Suspension for DUI: Answers to Common Questions

When can an officer take my license for a DUI?
If you are arrested for driving under the influence, the officer can, and usually will, take your license if: 1) you refuse a blood or breath test 2) you take a test and your blood alcohol is .08 % or higher, or 3) you take a test where the results cannot be analyzed until later, but the officer believes you may be under the influence of drugs or alcohol based on other factors, such as the way you were driving or your appearance, conduct, or odor of alcohol.

The officer will give you a pink piece of paper; this is a notice that your license is suspended combined with a 30-day temporary license. If you are from out of state, the officer will not seize your license, but your California driving privileges will be suspended.


What should I do after my license is suspended?
You or your DUI lawyer MUST call the DMV within 10 days of your arrest to request a hearing to contest your license suspension. If you don't request a hearing, you will lose your license for four months. If you request a hearing and it is set for more than 30 days after your arrest, your lawyer can request an extension of your temporary license. There is no penalty for requesting a hearing.


What happens at a DMV hearing for a DUI license suspension?
The DMV is a separate agency and the hearing to contest your license suspension will be held separately from your criminal case for the DUI.

The DMV hearing will be run by a Driver Safety Officer, who is employed by the DMV and who is not a lawyer. The Driver Safety Officer will decide whether there is a "preponderance" of the evidence that you were driving under the influence of alcohol or drugs. These hearings are very technical, often involving issues of whether there were procedural or bureaucratic errors, and an experienced DUI lawyer is essential to present your best possible arguments. I have handled many DMV hearings and had many successes; I can help you. Please call me, attorney Scott R. Cadzow, at (949) 361-9413 or (760) 757-0110 for more information and a free consultation.

The hearing officer usually will not make a decision on your suspension until some days or even weeks after the hearing. A decision against you can be "appealed" to the DMV in Sacramento and/or to the Superior Court by filing a writ, although there must be strong legal grounds in your favor for a writ to change the outcome.
The decision in the DMV license suspension hearing will not affect your criminal case one way or the other.


If the DMV decides to suspend my license, when will I get it back?
If this is your first DUI arrest in the last seven years, your license will be suspended for 4 months. If you file proof that you have enrolled in a DUI school AND proof of insurance, this can be reduced to 1 month followed by 5 months of work restriction. If you refused a blood or breath test, the suspension is for 1 year; no work restriction is allowed. If you have a second DUI within seven years, your license will be suspended for 1 year (2 years if you refused a blood or breath test).

If you plead guilty to a reduced offense, such as reckless driving, and the DUI is dismissed, this will not change your license suspension. However, if you are acquitted (found not guilty) in the Superior Court criminal proceeding, your lawyer will likey be able to obtain a return of your license.

I have personally defended many people charged with driving under the influence in Orange County and San Diego, California. I have also defended many people in accident DUI, felony DUI, and DUI cases with other offenses, such as gun charges or drug possession. If you or someone in your family has been arrested on one of these charges, please call me to learn how I can help you. I provide top quality representation for a reasonable fee, offer a free initial consultation, and accept all major credit cards.

For immediate help call 949.361.9413 or 760.757.0110 -- I will respond quickly:

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