Driving License Suspensions & Revocation
In most cases, if you are charged with a DUI, you will face a driver’s license suspension. The length of your suspension, however, depends on a number of different things. For example, if you refused chemical testing of your blood, breath, or urine, you may face a more severe driver’s license suspension than if you didn’t. Also, prior DUI convictions within the past 10 years play a role in the length of your driver’s license suspension.
Typically, first offense DUIs with no other aggravating factors will result in a 4-month administrative suspension and a 6-month suspension from the court. However, if you refused to take a chemical test for any reason, you will face a license suspension of up to one year.
A second-offense DUI that occurred within a 10-year timeframe from your prior conviction will result in a two-year license suspension from criminal court and a twelve-month suspension from the DMV if you took the chemical test. If you refused the chemical test, then you can face a two-year revocation from the DMV. A third-offense DUI could result in a suspension of up to three years if you take the chemical test or a three-year revocation if you refuse. Whether or not you will face a suspension will be determined at an APS Hearing.
APS Hearings for DUI Charges in Oakland
APS stands for “Administrative Per Se,” and an APS hearing is the result of a DUI charge handled by the Department of Motor Vehicles (DMV). Unlike a criminal hearing or trial which takes place at court and may result in potential jail time or fines, the consequences of an APS hearing are strictly related driving and are conducted by the California DMV. Specifically, these hearings take place to determine whether or not you should be allowed to continue to operate a motor vehicle or have your license suspended. They may also allow you to operate a motor vehicle under specific conditions, such as with an ignition interlock device. It is important to note that an Oakland DUI lawyer can represent you during this phase of the DUI process, even though it is held by the DMV and not the California courts.
There is a strict timeline for APS hearings that all individuals must abide by, and you must request an APS hearing if you want to contest your license suspension. For an APS hearing, the driver has 10 days (from the date of his/her arrest) to request a hearing. Failing to request a hearing within that timeframe will result in an automatic suspension of their license.
At this hearing, drivers have the ability to challenge any evidence against them, present witnesses, and testify. An experienced DUI attorney in Oakland could help you work through your DMV hearing to protect your rights and work to ensure you do not lose your ability to operate a motor vehicle. At The Nieves Law Firm, we have experience with APS hearings and have been able to secure favorable outcomes for clients at this stage of the DUI process.