Driving under the influence (DUI) in California is a serious offense that can significantly impact your driving privileges and overall quality of life. Many drivers are not fully aware of the dual processes—administrative and criminal—that unfold once they are charged with a DUI. Specifically, one of the most pressing concerns is whether the Department of Motor Vehicles (DMV) will suspend your license. This article aims to provide a comprehensive understanding of this issue, covering vital aspects such as APS suspension, APS hearing, conviction suspension, and the role of an Orange County DUI attorney.
The Dual Process: Administrative and Criminal Actions
When you are arrested for a DUI in California, two separate actions are initiated simultaneously.
Administrative Per Se (APS) Suspension
The first action is the administrative side, often referred to as the Administrative Per Se (APS) suspension. This is managed by the DMV and operates independently of any criminal proceedings. Upon being arrested for a DUI, you will be issued an Order of Suspension/Revocation and Temporary Driver License. You or your Orange County DUI lawyer, then have only ten days to request an APS hearing to challenge the suspension of your license. Failure to make this request results in an automatic suspension.
Criminal Proceedings
Simultaneously, criminal charges will be filed against you by the Orange County District Attorney. If you are convicted of a DUI in the Orange County Superior Court the DMV will impose another suspension or revocation on top of the administrative suspension.
Understanding APS Suspension
The APS suspension comes into play immediately after your DUI arrest. This administrative action is independent of the Orange County courts and aims to promptly remove potentially dangerous drivers from the road.
Trigger Points for APS Suspension
An APS suspension can be triggered in various scenarios:
– Failed Chemical Test: If your Blood Alcohol Concentration (BAC) is 0.08% or higher.
– Refusal: If you refuse to take a chemical test.
– Underage Drivers: For drivers under 21, an APS suspension is triggered if their BAC is 0.01% or higher.
Duration of APS Suspension
The duration of an APS suspension varies based on your history and the specifics of your case:
– First Offense: Generally, a four-month APS suspension and a six-month conviction suspension.
– Second Offense (Within 10 Years): Typically a two-year suspension.
– Refusal Cases: Up to one year for the first refusal and longer for subsequent refusals.
The APS Hearing
Requesting an APS hearing is a critical step if you wish to contest the suspension. If you or your Orange County DUI attorney fail to request this hearing within ten days of your arrest, the suspension will automatically be imposed.
What Happens During an APS Hearing?
The APS hearing is more administrative than judicial. An appointed DMV hearing officer will review evidence such as:
– The legality of your arrest.
– Whether you were driving with a BAC of 0.08% or higher.
– If you adequately complied with the officer’s requests.
Preparing for the APS Hearing
It’s strongly recommended to employ an Orange County DUI lawyer to help with your defense. Experienced DUI attorneys often:
– Gather and present evidence that supports your case.
– Cross-examine the arresting officer.
– Present arguments about the legality of the stop and the validity of the chemical tests.
Potential Outcomes
The hearing officer can either uphold the suspension or set it aside based on the evidence presented by your Fullerton DUI attorney. If set aside, you can retain your driving privileges pending the outcome of any criminal proceedings.
Conviction Suspension
If the court convicts you of DUI charges, you will face additional penalties, including a conviction suspension.
Overview of Conviction Suspension
Factors Influencing Conviction Suspension
Several factors can influence the duration and severity of a conviction suspension:
– Prior Convictions: Repeat offenders face harsher penalties, including lengthier suspensions.
– Severity of Offense: Higher BAC levels or involvement in an accident can result in stiffer penalties.
Duration of Conviction Suspension
The duration of a conviction suspension varies based on the specifics of your case and prior DUI convictions:
– First Offense: Typically six months.
– Second Offense: Generally two years.
– Third Offense: Usually three years.
Additional Penalties
Besides the suspension, a conviction can lead to additional penalties such as:
– Fines and fees.
– Mandatory DUI education programs.
– Installation of an Ignition Interlock Device (IID).
Importance of a Fullerton DUI Lawyer
Navigating the complexities of DUI charges and the associated license suspensions can be overwhelming. This is where a skilled Fullerton DUI lawyer can make a significant difference.
Case Evaluation and Strategy
A Fullerton DUI lawyer will evaluate all aspects of your case, from the circumstances surrounding your arrest to the accuracy of chemical tests. They can devise a comprehensive strategy to challenge both the administrative and criminal components of your DUI case.
Representation at Hearings
Having an Orange County DUI attorney represent you at the APS hearing and in court can significantly improve your chances of retaining your license and mitigating other penalties.
Negotiation and Plea Bargains
Experienced Orange County DUI lawyers can negotiate plea bargains, potentially reducing the charges and penalties you face.
Final Thoughts
Being charged with a DUI in Orange County carries severe implications, most notably the risk of having your driving privileges suspended. The immediate APS suspension can be contested through a timely request for an APS hearing by you or your Fullerton DUI attorney, and the potential conviction suspension can lead to broader legal ramifications. The complex nature of these processes underscores the critical importance of engaging a qualified DUI attorney to navigate the administrative and criminal proceedings effectively.
Understanding the nuances of DUI charges and the associated suspensions can help you make informed decisions and take proactive steps in your legal defense. By actively participating in your defense and seeking professional legal assistance, you can better manage the consequences and strive to retain your driving privileges.