DMV Drivers License Suspension Issues
Because Your
Driver's License
is too Important
Driver's License
is too Important
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BURBANK LAW FIRM
CRIMINAL LAW EXCLUSIVELY
2600 West Olive Avenue
Burbank California 91505
Toll Free 1-877-617-4485
2600 West Olive Avenue
Burbank California 91505
Toll Free 1-877-617-4485
The California Department of Motor Vehicles (DMV) can suspend a
person's license for many reasons and there are a myriad of statutes that
seem to present an almost impossible obstacle to the reinstatement of an
individuals license. We cannot begin to provide all the ways the
government can hinder the process, this page simply is intended to provide
a basic understanding of the common DUI related suspension actions.
1). The Administrative Per Se Suspension "APS"
This action originates from an arrest for DUI wherein a person either
submits to a blood or breath test and it comes back a .08% or higher
(.01% or higher if under 21); or the arrestee refuses to submit to a chemical
test. In either event, the arresting officer will serve a notice of suspension
and temporary license on the person. If a DMV hearing is requested the
individual has the right to challenge the suspension and is afforded due
process. If an administrative hearing is not requested within 10 days or the
DMV decides against the licensee after a full hearing, the person's license
is suspended foe a minimum of four months and as long as 2 years
depending upon whether the licensee has suffered a prior conviction for
DUI or has been suspended in the past 10 years under the APS laws.
The administrative suspension in California is codified in Vehicle Code
§ 13353.2 which states:
(a) The department shall immediately suspend the privilege of a person to
operate a motor vehicle for any one of the following reasons:
(1) The person was driving a motor vehicle when the person had 0.08
percent or more, by weight, of alcohol in his or her blood.
(2) The person was under 21 years of age and had a blood-alcohol
concentration of 0.01 percent or greater, as measured by a preliminary
alcohol screening test, or other chemical test.
(3) The person was driving a vehicle that requires a commercial driver's
license when the person had a 0.04 percent or more, by weight, of alcohol in
his or her blood.
(b) The notice of the order of suspension under this section shall be served
on the person by a peace officer pursuant to Section 13388 or 13382. The
notice of the order of suspension shall be on a form provided by the
department. If the notice of the order of suspension has not been served
upon the person by the peace officer pursuant to Section 13388 or 13382,
upon the receipt of the report of a peace officer submitted pursuant to
Section 13380, the department shall mail written notice of the order of the
suspension to the person at the last known address shown on the
department's records and, if the address of the person provided by the
peace officer's report differs from the address of record, to that address.
(c) The notice of the order of suspension shall clearly specify the reason
and statutory grounds for the suspension, the effective date of the
suspension, the right of the person to request an administrative hearing, the
procedure for requesting an administrative hearing, and the date by which a
request for an administrative hearing shall be made in order to receive a
determination prior to the effective date of the suspension.
2.) A Mandatory Action Suspension based on Court
Conviction for DUI.
This type of suspension results from a guilty or no contest plea or conviction
after trial by a Court of Law. For example, say a person gets arrested for driving
under the influence of alcohol, takes a breath test and is above a .08%. They
hire a lawyer and get a DMV hearing. The attorney wins the hearing and the
action is set aside or dismissed. However, the client does not retain the lawyer to
represent her in Court on the DUI charge and is convicted for either Vehicle
Code section 23152(a) or 23152(b). Based on the conviction in Court the DMV
will suspend the person's drivers license for 6 months as a "mandatory action"
under California Law for being convicted of a first offense DUI. This suspension
will not be ordered by the Judge in Court because as of 2006 the Courts no longer
get involved in the suspensions of a person's drivers license due to a DUI
conviction, the action will be initiated by the California Department of Motor
Vehicles in Sacramento and will be mailed to the licensee once the clerk of the
Court abstracts the judgment.
The long and the short of it is that California Law allows for many different ways
to suspend someone's license. In order to have the best chance to avoid the loss
of your driving privilege you should speak to a qualified attorney familiar with
DMV hearings and DUI consequences. Our Lawyers are available to consult with
you or a loved one concerning any pending alcohol related criminal charge or
Department of Motor Vehicle case. We have over 20 years of combined
experience with defending all types of driver license suspensions including APS,
negligent operator hearings, excessive blood alcohol, refusal allegations, medical,
lack of skill, and zero tolerance underage drinking and driving suspensions
occurring in Burbank, Glendale or Pasadena.
Our attorneys can also provide representation and information regarding the
ability to acquire work related restricted driver's license, critical need restrictions
for employment and school, temporary driving permits and administrative
reviews and appeals of wrongful actions. Contact our office or call us today to
speak with an experienced Lawyer.
person's license for many reasons and there are a myriad of statutes that
seem to present an almost impossible obstacle to the reinstatement of an
individuals license. We cannot begin to provide all the ways the
government can hinder the process, this page simply is intended to provide
a basic understanding of the common DUI related suspension actions.
1). The Administrative Per Se Suspension "APS"
This action originates from an arrest for DUI wherein a person either
submits to a blood or breath test and it comes back a .08% or higher
(.01% or higher if under 21); or the arrestee refuses to submit to a chemical
test. In either event, the arresting officer will serve a notice of suspension
and temporary license on the person. If a DMV hearing is requested the
individual has the right to challenge the suspension and is afforded due
process. If an administrative hearing is not requested within 10 days or the
DMV decides against the licensee after a full hearing, the person's license
is suspended foe a minimum of four months and as long as 2 years
depending upon whether the licensee has suffered a prior conviction for
DUI or has been suspended in the past 10 years under the APS laws.
The administrative suspension in California is codified in Vehicle Code
§ 13353.2 which states:
(a) The department shall immediately suspend the privilege of a person to
operate a motor vehicle for any one of the following reasons:
(1) The person was driving a motor vehicle when the person had 0.08
percent or more, by weight, of alcohol in his or her blood.
(2) The person was under 21 years of age and had a blood-alcohol
concentration of 0.01 percent or greater, as measured by a preliminary
alcohol screening test, or other chemical test.
(3) The person was driving a vehicle that requires a commercial driver's
license when the person had a 0.04 percent or more, by weight, of alcohol in
his or her blood.
(b) The notice of the order of suspension under this section shall be served
on the person by a peace officer pursuant to Section 13388 or 13382. The
notice of the order of suspension shall be on a form provided by the
department. If the notice of the order of suspension has not been served
upon the person by the peace officer pursuant to Section 13388 or 13382,
upon the receipt of the report of a peace officer submitted pursuant to
Section 13380, the department shall mail written notice of the order of the
suspension to the person at the last known address shown on the
department's records and, if the address of the person provided by the
peace officer's report differs from the address of record, to that address.
(c) The notice of the order of suspension shall clearly specify the reason
and statutory grounds for the suspension, the effective date of the
suspension, the right of the person to request an administrative hearing, the
procedure for requesting an administrative hearing, and the date by which a
request for an administrative hearing shall be made in order to receive a
determination prior to the effective date of the suspension.
2.) A Mandatory Action Suspension based on Court
Conviction for DUI.
This type of suspension results from a guilty or no contest plea or conviction
after trial by a Court of Law. For example, say a person gets arrested for driving
under the influence of alcohol, takes a breath test and is above a .08%. They
hire a lawyer and get a DMV hearing. The attorney wins the hearing and the
action is set aside or dismissed. However, the client does not retain the lawyer to
represent her in Court on the DUI charge and is convicted for either Vehicle
Code section 23152(a) or 23152(b). Based on the conviction in Court the DMV
will suspend the person's drivers license for 6 months as a "mandatory action"
under California Law for being convicted of a first offense DUI. This suspension
will not be ordered by the Judge in Court because as of 2006 the Courts no longer
get involved in the suspensions of a person's drivers license due to a DUI
conviction, the action will be initiated by the California Department of Motor
Vehicles in Sacramento and will be mailed to the licensee once the clerk of the
Court abstracts the judgment.
The long and the short of it is that California Law allows for many different ways
to suspend someone's license. In order to have the best chance to avoid the loss
of your driving privilege you should speak to a qualified attorney familiar with
DMV hearings and DUI consequences. Our Lawyers are available to consult with
you or a loved one concerning any pending alcohol related criminal charge or
Department of Motor Vehicle case. We have over 20 years of combined
experience with defending all types of driver license suspensions including APS,
negligent operator hearings, excessive blood alcohol, refusal allegations, medical,
lack of skill, and zero tolerance underage drinking and driving suspensions
occurring in Burbank, Glendale or Pasadena.
Our attorneys can also provide representation and information regarding the
ability to acquire work related restricted driver's license, critical need restrictions
for employment and school, temporary driving permits and administrative
reviews and appeals of wrongful actions. Contact our office or call us today to
speak with an experienced Lawyer.
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Case Successes | Pasadena Criminal Attorneys | Links | Drug Possession Defense | DUI Attorney |
Sitemap | Local Burbank Lawyers | Glendale Defense Lawyer | Recent changes in California Law |
Spousal Abuse | Search Warrant | What does a Lawyer Cost | Violation of probation | Sex Offense
Registration Law | Consequences for Leaving the scene of an accident | The City of Burbank