DMV Issues for California DUI Defendants
Things You Need to Know About an
California DUI Citation and the California Vehicle Code (VC)
Driving under the influence (DUI), in Laguna Beach is defined as “operating a motor vehicle while impaired by alcohol and/or other drugs.”
- It is illegal to drive under the influence of alcohol and/or drugs - VC 23152(a)
- It is illegal to drive with .08% or more of alcohol in your blood - VC 23152(b)
There are two separate hearings that result from a Laguna Beach DUI ticket:
- A hearing before the Department of Motor Vehicles, Irvine California DMV about your driver's license.
- A criminal court hearing at the Superior Court about your violation of a state law.
The law requires the Irvine DMV to suspend your driver's license if you have not filed for a DMV hearing within 10 days of receiving your Laguna Beach DUI ticket. So time is important !!
For More Suspended License information, see DMV License Suspension Attorney
License Issues for the Laguna Beach DUI Driver
In order to remove drunk drivers from the Orange County roads, California DMV has instituted the Administrative Per Se (APS) Suspension law. Pursuant to DMV, a person arrested in Laguna Beach for a DUI is issued a 30-day temporary license that accompanies every APS California drivers license suspension order.
In Laguna Beach, there are four possible grounds for a person arrested for driving under the influence to be served with an Administrative Per Se Drivers License Suspension Order:
1. Drives with a 0.01% or higher Blood Alcohol Content while under 21 years of age. CVC Section 133353.2(a)(2),
2. Drives with a 0.01% or higher Blood Alcohol Content while on probation for a DUI,
3. Drives with a 0.08% or higher Blood Alcohol Content. CVC Section 133353.2(a)(1),
4. Refuses to submit to and complete a chemical test. CVC Section 13353, or P.A.S. test if under 21. CVC Section 13353.1.
If you or a loved one have been served with an APS “30-Day Pink Temporary License,” contact an experienced Laguna Beach DUI Attorney IMMEDIATELY!
DMV License Suspension for Laguna Beach DUIs
DMV Suspension periods for Laguna Beach DUI arrests range from 30 days to up to three years and are as follows:
For Individuals under 21 years old arrested in Orange County for a DUI
Under 21 years old with a 0.01 BAC or Higher and no prior DUI convictions or DMV DUI suspensions - 1 year suspension with the right to apply for a “Critical Need” license after 30 days. - Note DMV routinely denies the application for a “critical need to drive.” In order to better your chances, higher an experienced DMV attorney to submit the petition. Even a court ordered “critical need to drive” is not binding and will not automatically result in the granting a “critical need license.”
Under 21 years old with a 0.01 BAC or Higher and one or more prior DUI conviction or DUI DMV action - One year hard suspension with no eligiability for a restricted license.
For individuals over 21 with a 0.08 BAC or higherFirst DUI with no prior convictions or DUI DMV action - four month loss of license.
Section DUI with a prior conviction or DUI DMV action - 1 year license suspension with possible eligability for a restricted license after a period of 90 days license suspension.
Two or More convictions or DMV action within 10 years of the conviction date to the offense date.
For individuals accused of refusing the chemical test or having a “forced blood draw”
First DUI with no prior convictions or DUI DMV action - one year hard suspension with no eligibility for a restricted license.
One prior DUI conviction or DMV action - two years hard suspension with no eligibility for restricted license.
Two or more convictions or administrative actions with 10 years - conviction date to offense date - three years hard suspension with no eligibility for a restricted license.
Please note - a commercial license revocation and or denial of an application for a commercial license will be independently triggered by an DMV DUI suspension.
A person driving a commercial vehicle with a commercial license with an excessive blood alcohol content may apply for a restricted license but that restricted license will not allow that driver to drive commercial vehicles in the scope of work; only non-commercial vehicles.
In order to fight a potential DMV suspension, your Laguna Beach DUI defense attorney must contact Irvine DMV within 10 days of the Laguna Beach DUI arrest. Speak to an knowledgeable California and Laguna Beach DMV defense attorney now at 877-717-2889.
Grounds for Denial or Termination of a Restricted License by California DMV
California DMV will not issue a restricted license if the drunk driver was arrested for a subsequent DUI offense. In addition, if a person is dropped or terminated from the required drinking driver program, more commonly referred to as an Alcohol School, California DMV will suspend the individuals license without eligibility for a restricted license pending successful completion of the Alcohol School.
In order for the “Pink Temporary License” to be binding, it must be personally and properly served by arresting officer to the alleged drunk driver at the time of the suspected violation, giving the alleged drunk driver notice of California DMV’s intention to suspension or revocation the individuals driver license. The arresting officer will then seize the California driver’s license and issue the 30 day temporary license.
Laguna Beach Drunk Drivers with an out of state drivers license:
Laguna Beach Police and CHP are not authorized to take a license from an out of state driver. If you were arrested for a DUI in Laguna Beach and the police seized your out-of-state driver’s license, call an aggressive California DMV defense attorney immediately in order to get your out-of-state license back. Failure to act immediately may result in the destruction, loss, or damage of your out-of-state license.
