Losing your driving privileges for any period of time can be stressful, especially if you use your vehicle for work, to go to school or other important activities. Our firm can be relied on to aggressively defend your right to drive during your hearing. We know the hardships that you will encounter without a vehicle, and will do everything possible to prevent the loss of your license.
Scheduling a Hearing
If you have been arrested for DUI, your driver's license is in danger of being suspended. After a DUI arrest, you have 10 days to schedule a DMV hearing to determine the status of your driving privileges. During this hearing you can explain the reasons why you should be allowed to keep your ability to drive. If you fail to schedule the hearing, your license will be automatically suspended 30 days after your arrest. A lawyer should be contacted at once if you or a loved one has been arrested for DUI to arrange your DMV hearing. It is also advantageous to have a knowledgeable lawyer by your side during the hearing to help protect your driving privileges. Floyd, Skeren & Kelly, LLP is an experienced DUI defense firm that has successfully helped many clients facing license suspension. We know how to challenge the evidence that will be presented at the hearing, and can provide the valuable legal advice that you will need.
With each additional case of driving with a suspended license, the penalties will be increased. Attorneys at our firm are also skilled litigators that will confidently represent you in your DUI criminal case. A DUI guilty verdict can result in serious consequences, including:
- Monetary fines;
- Restitution to the victim;
- Court-ordered alcohol/drug treatment;
- Community service; and
- The loss of your driver's license
We will look for evidentiary weaknesses that can be used to get your charges reduced or the case dismissed. Our office will execute an aggressive and strong defense to help prevent a conviction.
An arrest for a DUI can be hindering, as well as embarrassing. It is only further complicated when you are left unable to drive. Many lose their ability to operate a vehicle, being restricted from driving to even the most basic of places. Even a first time offender can have their license suspended for six to ten months. Driving is something that many may take for granted and it is not until you lose the ability to do it that you recognize how necessary it is. Suspensions for more serious DUI charges can cause a driver to lose their license even more long term. One of the actions that can be taken for those in this position includes a DMV hearing.
Admin Per Se Law
Per California's Administrative Per Se (APS) or one the spot license suspension law, if you are arrested for driving with a BAC of 0.08% or more, your driver's license will be immediately confiscated. An order that your license be revoked or suspended will be served. Refusing a chemical test to determine BAC will result in the same penalty. The same applies if you are under 21 and detained for driving with a BAC of 0.01% or more, or do not complete preliminary alcohol screening. Following this event, a temporary driver's license is issued for thirty days. This allows you time to challenge the suspension or revocation of your license through a DMV review hearing. This hearing must be requested within ten days of your arrest. If this deadline is not met, the DMV may automatically suspend your license.
We will use our expertise to see that matters relevant to your arrest are reviewed such as, if any circumstance of your arrest were unlawful or if testing was properly carried out. It is important to note that this hearing is separate from any court action to determine whether or not you are guilty of criminal charges. We will also represent you in that process and endeavor to have the charges dismissed or achieve an acquittal. If this occurs, or if DUI charges are not filed in criminal court, a license suspension or revocation can be reversed by the DMV.
Driving on a Suspended License
One of the most common reasons for a driver's license to be suspended is as a result of being convicted of a DUI charge. Suspension is typically set for a period of time and once that period is complete then the individual will be able to have their driving abilities reinstated. In order to regain the privilege, a driver must adhere to regulations such as not driving during the duration of the suspension. For a number of reasons and individual may find it necessary to drive even without a valid license.
Consequences of Driving Without a Valid License
The penalties for those found to be driving with a suspended license are often very harsh, and can severely affect personal freedoms. If you are convicted of driving with a suspended license, you may suffer such penalties as imprisonment for five days to six months, and a fine of $300 to $1000. If you are convicted a second time of driving with a suspended license within five years of your first conviction, you may face ten days to one year in county jail, and a fine of $500 to $2000.
If you are facing charges of driving on a suspended license due to a DUI conviction, you are at risk of losing your personal freedoms. We understand the grave consequences you face if convicted for driving with a suspended license, which is why we will aggressively fight to protect your rights and personal freedoms. You cannot risk fines, jail time or your ability to work and you do not have to face the court alone. Our firm will prepare a detailed defense and use our knowledge of California driving law to advocate for you. When you are faced with serious limits on your personal liberties, you need strong legal representation.
Out of State License
Charged with DUI while traveling out of state?
If you have been charged with DUI while traveling in another state, you may be subject to penalties in that state as well as your state of residence. This is due in part to the Driver License Compact, an agreement between nearly all the states in the nation that they will report traffic violations on a national database. This database, known as the National Driver Register, is viewable by all states that are members of the compact. In essence, this means that if you live in another state and are charged with DUI while in California, you will likely have the offense reported in the register, and may be subject to penalties in your home state such as driver's license suspension.
If you have been charged with an out of state DUI, it is crucial that you contact a Los Angeles DUI attorney at Floyd, Skeren & Kelly, LLP right away. Our firm was founded in 1987 and we have assisted countless individuals in their DUI cases in the years since. We can provide you with legal defense in your case that may not only result in you avoiding penalties here in the state of California, but in your state of residence as well.
Hard-Hitting Los Angeles DUI Attorney
Being convicted of an out of state DUI can result in much more severe consequences than you might initially anticipate. You could face substantial fines, jail time, and the revocation of your drivers' license. This can result in substantial hardship for you, possibly affecting your employment opportunities, as well as your personal relationships. It is to your benefit to seek the help of an attorney who can navigate your legal proceedings on your behalf, and work towards a resolution that is advantageous to you.
Contact a Los Angeles DUI defense lawyer if you have been charged with DUI while traveling out of state and are in need of legal help.