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13 Sep

First Offense DUI, Driver’s license suspension issues

Posted by David Jones on Sep 13, 2013

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If you are arrested for a DUI in Fresno, Madera, Kings or Tulare county, not only do you have to deal with the court, but you also have to deal with the DMV.  The courts and the DMV both can suspend your license. Usually, DMV issues must be addressed first.

The police officer physically took your license when they arrest you for DUI.  The officer gave you a pink piece of paper, which is a temporary 30-day license.  At the end of the 30-day period your license will be suspended unless you request a hearing with the DMV.  You only have 10 days from the date of arrest to contact the DMV and request a hearing.

If you were arrested in Madera, Fresno, Kings or Tulare counties you need to call the Fresno Driver Safety Office with the DMV. Tell them you were recently arrested for a DUI and would like to request an APS hearing. Also request a stay and discovery. Of course if you hire an attorney, they can handle all this for you and represent you at the hearing. A stay means that you will be able to continue to drive at least until the DMV hearing. If the DMV upholds the suspension after the hearing you will receive a letter in the mail stating that the stay on your suspension has been lifted and it will tell you the dates the suspension begins and ends.

At the APS Hearing the DMV must prove that you were 1) lawfully arrested;  2) the officer had a reasonable suspicion to believe you were driving under the influence; and 3) that your blood alcohol was 0.08% or more. If you lose the DMV APS Hearing your license will be suspended.

For a first offense the length of suspension is 4 months; however, after a month you have the option of obtaining a restricted license allowing you to drive to and from work, to and from the required DUI class, and during the course of employment.  If you choose to get a restricted license it will be restricted for 5 months after the one month period of no driving.  To get a restricted license you must enroll in a DUI class for first offenders, obtain an SR22, and pay a license reissue fee. The court will also suspend your license if you plea or are convicted.  The court will notify the DMV of your conviction and your license will be suspended for 6 months.  You are not supposed to be punished twice and are supposed to get credit for any license suspension you have already served as the result of the APS hearing, however, it is the DMV and sometimes that does not always happen.

David Jones

David E. Jones is a Central Valley area DUI and criminal defense attorney who represents those accused of DUI and other crimes in both state and federal court. Mr. Jones has practiced criminal law throughout Fresno, Madera, Kings and Tulare counties since 1996. Mr. Jones was a Deputy District Attorney for Fresno County 12 years and has been an instructor for the Police Academy for over 10 years. He is an experienced and respected trial attorney.

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