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DMV Penalties in California

Representation For DMV Proceedings in Pasadena, CA

IMPORTANT NOTICE: YOU OR YOUR ATTORNEY MUST CONTACT THE APPROPRIATE DMV DRIVER SAFETY OFFICE WITHIN 10 DAYS OF YOUR ARREST TO REQUEST AN ADMINISTRATIVE PER SE (APS) HEARING AND AN EXTENSION OF YOUR TEMPORARY LICENSE. IF YOU DON’T DO THIS YOUR LICENSE COULD BE SUSPENDED AS SOON AS 30 DAYS FROM THE DATE OF YOUR ARREST!

Dealing with the DMV after a DUI? Contact a Pasadena DMV hearing lawyer immediately to discuss your case.

DMV Hearings

If you have been placed under arrest for driving while under the influence (DUI) in Pasadena, you should have already received a notice of suspension or revocation from the arresting officer. As California law requires that the officer forward a copy of that notice to the DMV at once, you will need to act fast.

The law allows DUI suspects to request a DMV hearing, but only if the request is made within 10 days from the time you receive your official notice. A DMV hearing in such matters is essential, as it is the only opportunity you will have to argue your case and clearly show that the suspension or revocation order is not warranted. If you fail to request a DMV hearing within the 10-day time period, you have relinquished your right to request a hearing, and subject to an automatic suspension.

While you do have the right to represent yourself during a DMV hearing, we strongly recommend you have a veteran criminal defense attorney take on this duty. Contact our Pasadena DMV hearing attorney right away so we can take action for you, both in the DMV hearing and in criminal court for the DUI charge. Our early involvement can be critical to the outcome of your case.

Overview of DMV APS Proceedings

Typically in a DUI arrest, the police will take your California driver’s license and give you a pink temporary license that is good for 30 days from the date of your arrest. After the 30 days expire, your driving privilege can be suspended for at least 4 months. However, you have a right to have an administrative per se hearing (APS) to challenge the DMV suspension. You also have a right to have your temporary license extended beyond 30 days.

The APS hearing is completely separate from the court case. If you win the APS hearing your license will be fully restored. If you lose the APS hearing your license will be suspended or revoked for 4 months up to 3 years. You have nothing to lose and everything to gain by doing the APS hearing. We will contact the DMV for you as part of our representation.

Possible DMV Penalties:

1st Offense:

  • 4 month suspension if you took a blood or breath test
  • On a 4 month suspension you may be eligible for a restricted license after the first 30 days of suspension
  • 1 year suspension if you refused to take a test

2nd Offense:

  • 1 year suspension if you took a test
  • 2 year suspension if you refused to take a test

3rd Offense or More:

  • 1 year suspension or 3 year revocation
  • A restricted license can sometimes be obtained on a 2nd or subsequent offense with the installation of an ignition interlock device.

Matthew Cargal has conducted over 1000 APS hearings and has a high success rate. Contact The Law Offices of Matthew Cargal today.