If a California police officer pulls you over and makes an arrest for driving under the influence, he will confiscate your driver’s license. The arresting officer is then required to forward your driver’s license and a suspension report to the Department of Motor Vehicles. This is a temporary suspension that remains in effect while the California DMV conducts an administrative review. Based on their findings, your driver’s license can be suspended or revoked. After being released you have the right to a hearing with the DMV to contest the suspension or revocation and reinstate your driver’s license. You can also pursue a CA DMV point removal.
Scheduling a hearing with the California DMV to reinstate your driver’s license must be done as soon as possible because the time frame for doing so is only ten days after your arrest. The hearing with the DMV is a separate event than the court hearing for the DUI charge. During the DUI court hearing, the judge will determine how long your driver’s license will be suspended if you are convicted. If you are found not guilty, then an application for reinstating a driver’s license must be filed with the DMV along with a $125 filing fee. This is also when you should start the process of cleaning up your DMV ticket records.
The California DMV Hearing
If you are successful in scheduling a hearing with the DMV during the ten-day time frame, it’s critical to show up on time to contest the suspension or revocation. During the hearing, the DMV will review the case by looking at the arrest record and blood alcohol content test results. If you refused to submit to a breathalyzer, blood or urine test, there will be an automatic suspension of your driver’s license. For a first-time DUI offense, the suspension period for refusing the test is one year. A second offense will carry a two-year suspension and a third offense comes with a three-year suspension. Other factors such as speeding or reckless driving and whether the arresting officer had probable cause to believe drugs were involved will also be considered.
If you are arrested and convicted of a DUI charge it will add negative points to your driving record, which can remain for up to ten years. Additional points will be added if the arresting officer included a ticket for speeding or for another traffic violation. Negative points can lead to increased DMV fines and result in a longer suspension of your driver’s license.
Steps You Can Take to Dispute and Reduce DUI Charges or Points in California:
- Get in touch with an attorney who fully understands DUI and traffic-violation laws.
- Request a copy of your driving record by phone, internet or at a DMV location.
- Gather evidence of an unlawful stop, an illegal search or an arrest having been made by the officer without probable cause.
- Contact any witnesses or passengers who were present and who will testify on your behalf.
- Locate and attend driving courses that could qualify for reducing points.
- Plead not guilty to any pending charges and request a hearing.
Take the First Step Toward Fighting a DUI Charge and Removing Points From Your Driving Record
With a skilled attorney who is well-versed in how to fight a DUI in California, the results of a DUI charge could be lessened or dismissed, and points removed. The Ticket Clinic DUI team can access your DMV ticket records and apply the most effective strategies to contest or lower your charges or points. Contacting The Ticket Clinic for a no-obligation consultation can be your first step toward regaining your driving privileges and a successful CA DMV point removal process.
