An arrest for driving under the influence not only brings the possibility of jail time, alcohol education classes, and probation; it also can result in two separate license suspensions which can dramatically affect a person’s livelihood. The concern police officials are currently having is that those who do receive this consequence are not taking it seriously. To test their concern, police officers staked out DUI offenders at the Harbor Justice Center in Newport Beach to see how seriously this court order is being followed. The police officers followed sixteen offenders who had their licenses suspended from the courthouse into the parking lot. Four of these offenders were so bold to get into their cars to drive home just moments after being issued or reminded of their license suspensions. All four were issued citations for driving on a suspended license or driving unlicensed. Three of the individuals had their cars impounded on the scene.
This stakeout confirmed to police officials that their concerns were completely valid that offenders are blatantly ignoring their license suspensions. Many offenders are clearly not taking this consequence of their sentences seriously, and if not stopped for traffic violations, most of those driving on a suspended license would never get caught. Many of those drivers do not realize that driving on a suspended license is a misdemeanor act which can result in severe consequences. Those caught driving on a suspended license could face up to a $1,000 fine, six months in jail and probation. If a person is caught driving on a suspended license due to a DUI conviction, in addition to the above sentencing terms, the person may be required to serve a mandatory minimum of 10 days in the county jail and install an ignition interlock device in his/her vehicle.
If you are arrested for driving under the influence, your license is automatically suspended through the Department of Motor Vehicles thirty days after your arrest date. During the first thirty (30) days following your arrest you retain full driving privileges. You have the ability to fight the license suspension; however, if you do not request an Administrative Per Se (APS) hearing within ten (10) days your license will automatically be suspended. This is why it is imperative that you hire a competent DUI attorney. A skilled DUI attorney will not only request your APS hearing and representing you at that hearing. Your qualified driving under the influence attorney will also represent you in Court.
It is important to note that there are two license suspensions involved in a DUI arrest. The first suspension is triggered by arrest. This is an administrative suspension. If an APS hearing is not requested or if the licensee does not prevail at the APS hearing the license will be suspended for four (4) months on a first offense. After a thirty (30) day period of a hard suspension, the licensee would be eligible to apply for a restricted license to drive to and from an alcohol program, to and from work, and during the course of work. The second suspension is imposed at the time a person is convicted of a DUI in Court. The Court sends an abstract to the DMV and the DMV sends out notification to the licensee that his/her license has been suspended due to Court conviction. On a first offense conviction for driving under the influence, the suspension period is six (6) months. A person can automatically apply for a restricted license for the full six (6) months suspension imposed due to a Court conviction. A skilled DUI attorney will aggressively fight to defend your rights at the APS hearing and in Court. Should your license become suspended, a competent DUI attorney will make sure that you have completed all the proper documents and procedures to get you back on the road as soon as possible.
The defense team at the Parker Law Center has expertise handling complex APS requirements, which should come as no surprise as they have provided legal representation for hundreds of clients at their APS hearings. Attorney Parker of the Parker Law Center understands the numerous hardships that may result in your life due to a license suspension. This is why Attorney Parker works so passionately to protect your privilege of driving and in fact has saved numerous clients’ licenses. Contact the Parker Law Center today to hire a skilled DUI attorney that will aggressively defend your rights both at the APS hearing and in Court!