DMV Consequences for first time DUI / DWI Offenders

The driver who is arrested for driving under the influence of alcohol will require the counsel of a California criminal defense attorney with vast experience in DUI / DWI cases. An attorney is required for those who seek to protect their driving privileges in California. In California there is both a Department of Motor Vehicles hearing and a criminal court case. Court date and hearings for the criminal case will be set by the court after arraignment. However, a DMV hearing will only take place if the driver requests a hearing within ten days of a drunk driving arrest. If no request is made, a thirty day automatic suspension of driving privileges will take place.

Two crucial factors in a DMV hearing will be whether there are prior driving under the influence violations on the driver's record, and whether there was a refusal to submit to chemical tests. In the case of a first time offender, there will be no previous marks on the driver's record. If there was a refusal to submit to the chemical tests following an arrest, a first time drinking and driving violation will carry an automatic one year suspension without any chances of getting a restricted license to allow for travel to and from work.

A first offense drunk driving where the driver voluntarily submits to a blood or breath test after being arrested, generally the punishment will be a four month suspension and the driver will be required to file formal proof of insurance with the Department of Motor Vehicles. This is done with the filing of an SR-22 form. This filing will be required for three years. But, for the first time offender, they may be entitled to a restricted license that allows for the travel to and from work.

In order for any sanction such as restriction, suspension, or revocation can take place, the DMV hearing officer must face three issues, and be satisfied with each of the three issues. In short those issues are whether the officer had reasonable cause to believe the driver was under the influence of alcohol or committed another crime or vehicle code violation. Next is whether the arrest of the driver was lawful, and lastly is whether the driver's BAC was above the legal limit at the time of driving.

The DMV has the sole authority in California to suspend driving privileges. Criminal courts do not have this authority. However, when a motorist is convicted of drunk driving in California, the DMV will find out. Once the DMV has found out that a driver was convicted of DUI / DWI, the driver's license will be automatically suspended for six months. This six month suspension will run concurrently with the original four months suspension given after the Department of Motor Vehicles hearing.

Consequences of DMV hearings may be harsh. It is best to have a California criminal defense attorney with vast experience in DUI / DWI cases on your side if you want to minimize the consequences against your license. Seek a free evaluation from The Kavinoky Law Firm if you want to fight the DMV and protect your driving privileges.