Do you lose your license automatically with a DUI conviction? 9 Answers as of December 26, 2010

I was charged with a DUI with a BAC of 0.1. I understand that I really should not have been driving, but I also do not feel like this was so terribly over the legal limit, and they are threatening to take my license away. I cannot get to work without driving, so this is really important to me. Is there a way for me to keep my license?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If your blood level is .08 or above, you would have been served with a notice of suspension by the officer. You then have 10 days to request a hearing with the DMV. The defenses are discussed on the notice of suspension. If you lose the hearing you can convert the 4 months suspension into a 1
month suspension followed by a 5 month restricted license if you sign up for an approved alcohol program. There is no way to avoid at least the one month suspension. Also, whether you prevail or not with the DMV, your license can also be suspended after a conviction unless you participate in a drinking and driving program.
Answer Applies to: California
Replied: 12/26/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
There are two ways that your license could be suspended. First, the administrative per se procedure requires a four month suspension for a first offense, even if the charge is eventually reduced. We can normally change that to a one month suspension or even no suspension at all. Second, if you do get a DUI conviction in court, the DMV will suspend your license for 6 months, but we can change that to a restriction (allowing you to drive to and from work and in the course of your work).

Our office is very experienced in handling these matters. For more information or to be represented, please call us.
Answer Applies to: California
Replied: 11/9/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
When you are arrested for DUI, upon release from jail or booking, you were given documents that included a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license. Contact DMV and do so, timely, then appear at your scheduled hearing and present your evidence and testimony. If you do not know how to do these things, then hire an attorney that does. It is sometimes possible to get you a restricted license after a period of actual suspension, if you lose your appeal.

On the DUI charge itself, the court can order license suspension as part of probation in a plea bargain. What can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it cannot be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you do not know how to do these things, then hire an attorney that does, who will try to get a decent plea bargain for you. If serious about doing so, feel free to contact me. Ill be happy to help you use whatever defenses you may have.
Answer Applies to: California
Replied: 11/8/2010
Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
How old are you? Were you on probation when you were arrested? How long ago were you arrested?

Anyone over 21 years old can request a DMV hearing to protect their license, within 10 days of their arrest. If the DMV sends you an Order of Suspension, you might be able to get a hearing to protect your license.

Unfortunately, the fact that you need a license to drive to work will NOT result in any leniency from the DMV. They are interested in only three legal issues, which can only be raised during your hearing.

If you would like to talk about your case in more detail, please call my office.
Answer Applies to: California
Replied: 11/6/2010
Alanna D. Coopersmith, Attorney at Law
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
It is difficult to answer this question without knowing more. But I can say that if this is your first DUI in the last 10 years, you are 21 or over, and did not refuse to take a chemical test, you are eligible for a restricted license after a one month suspension. A restricted license enables you to drive to and from your job (and the DUI class).
Answer Applies to: California
Replied: 11/6/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Generally speaking, yes. If you are convicted of a DUI, the DMV will suspend your license automatically. What court is your matter going to be heard in? At a 0.10 BAC there is hope to get the DUI charge dismissed, and reduced to a lesser charge that would not invoke the automatic license suspension, potentially without having to go to trial. Call me if you would like a free consultation to discuss your case in further detail.
    Answer Applies to: California
    Replied: 11/5/2010
    The Law Office of Stacey Wolcott
    The Law Office of Stacey Wolcott | Stacey Wolcott
    When you have a DUI allegation in order to keep your license from being suspended you must request a DMV APS hearing within 10 days of your arrest. This will basically stay the suspension from going into effect 30 days from the date of your arrest. You have a right to have an APS hearing which is a limited scope hearing at a DMV Driver Safety Office. If you do not prevail at this hearing your license will be suspended for a period of 6 months; however, you can receive a restricted license after the initial 30 days of the suspension as long as you comply with a few requirements. You should really have an attorney to determine if in fact this is a valid charge of a DUI. Feel free to call my office for a free consultation where we can discuss all of your options in regards to your driver's license and your other DUI options
    Answer Applies to: California
    Replied: 11/5/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    I assume that you are under 21. If that is the case, yes the DMV can take your license away for a year. You should contact an attorney to assist you. make sure you contact the DMV within 10 days to set up a hearing.
    Answer Applies to: California
    Replied: 11/5/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You should immediately contact a DUI/DMV lawyer, who should request a hearing for you. If no hearing is requested, you will lose your license.
    Answer Applies to: California
    Replied: 11/5/2010
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