Understanding DUI License Suspension in California
A DUI arrest in California triggers two separate proceedings that can result in the suspension of your driver's license. Understanding these processes and acting quickly is crucial to protecting your driving privileges and your livelihood. At Law Office of Rodney Gould, we specialize in defending drivers facing DUI license suspension and navigating the complex administrative hearing process.
When you're arrested for DUI in California, you have only 10 days to request an Administrative Per Se (APS) hearing with the DMV. Missing this deadline means an automatic suspension of your license. Our experienced legal team can help you request this hearing and build a strong defense to protect your driving privileges.
Two Separate Proceedings: Administrative vs. Court
Administrative Suspension (DMV)
The DMV conducts its own administrative hearing separate from any criminal court proceedings. This hearing focuses solely on whether your license should be suspended based on:
- Whether the officer had reasonable cause to believe you were driving under the influence
- Whether you were lawfully arrested
- Whether your blood alcohol content (BAC) was 0.08% or higher
- Whether you refused chemical testing
Court Suspension (Criminal Case)
Separate from the DMV hearing, you may face criminal DUI charges in court. A conviction in criminal court can result in additional license suspension or revocation. These two proceedings run on different timelines and have different standards of proof, which is why having experienced legal representation for both is essential.
The Administrative Per Se (APS) Hearing
The APS hearing is your opportunity to challenge the DMV's decision to suspend your license. This hearing is conducted by a DMV hearing officer and typically takes place at a local DMV office. During the hearing, we can:
Cross-examine the arresting officer Challenge the accuracy of chemical tests Question the legality of the traffic stop Present evidence in your defense Subpoena witnesses and documents Argue procedural violations
If we win your APS hearing, the DMV will set aside the suspension and return your license. Even if the hearing doesn't result in a complete victory, we may be able to negotiate a restricted license that allows you to drive to work, school, or DUI programs.
California DUI Suspension Periods
First Offense: 4-month suspension (may be eligible for restricted license after 30 days) Second Offense: 1-year suspension (may be eligible for restricted license after 90 days) Third Offense: 2-year revocation (may be eligible for restricted license after 18 months) Refusal: 1-year suspension for first refusal, 2-3 years for subsequent refusals
Note: These periods can vary based on your specific circumstances, prior offenses, and whether you refused chemical testing. Contact us immediately to discuss your case and explore all available options.
How Law Office of Rodney Gould Can Help You
Attorney Rodney Gould has extensive experience representing clients in DUI license suspension cases throughout California. Our approach includes:
1
Immediate Action
We'll request your APS hearing within the critical 10-day window and obtain a stay of suspension so you can continue driving while we fight your case.
2
Thorough Investigation
We'll review all evidence, including police reports, chemical test results, calibration records, and video footage to identify weaknesses in the DMV's case.
3
Strategic Defense
We'll develop a customized defense strategy based on the specific facts of your case, challenging every aspect of the DMV's evidence.
4
Experienced Representation
Attorney Gould will personally represent you at your APS hearing, cross-examining witnesses and presenting compelling arguments on your behalf.
5
Alternative Solutions
If a full dismissal isn't possible, we'll work to secure a restricted license or minimize the suspension period to reduce the impact on your life.
What to Expect When You Hire Us
When you retain Law Office of Rodney Gould to handle your DUI license suspension case, we'll guide you through every step of the process:
Initial Consultation:We'll review your case details, explain your options, and answer all your questions. Evidence Gathering:We'll obtain all relevant documents, reports, and records from the DMV and law enforcement. Case Analysis:We'll identify legal and factual issues that can be used to challenge the suspension. Hearing Preparation:We'll prepare witnesses, organize evidence, and develop persuasive arguments for your hearing. Hearing Representation:Attorney Gould will represent you at the APS hearing and fight for the best possible outcome. Follow-Up:We'll keep you informed of the decision and help you understand next steps, including any appeal options.
Time Is Critical – Act Now
Remember, you have only 10 days from the date of your DUI arrest to request an APS hearing. Don't wait until it's too late. Contact Law Office of Rodney Gould today for a consultation and let us start fighting for your driving privileges immediately.
With offices in Sherman Oaks and San Francisco, we're ready to help drivers throughout California protect their licenses and their futures.