DUI License Suspension
DUI offenders in California receive a mandatory license suspension known as the administrative license suspension or ALS. This license suspension is a separate punishment that takes place within 30 days of DUI citation and is in addition to the license restriction or suspension that will take place if you are convicted of the DUI charge.
If you have been charged with a DUI in California it is important that you contact experienced DUI attorney Michael A. Fiumara, today! Timing is critical since you have only 10 days to request an administrative hearing or your license suspension automatically goes into effect.
When your license is confiscated by the arresting police officer, you will receive a “Notice of Suspension and Temporary License.” This document will allow you temporary driving privileges for 30 days until the suspension takes effect. Once you receive this document you should contact experienced North Bay DUI attorney Michael A. Fiumara right away! Mr. Fiumara will promptly request an administrative hearing to challenge the legitimacy of the suspension. If you do not do this your administrative license suspension will automatically take effect upon the expiration of your 30 day temporary driving privilege no matter how successfully Mr. Fiumara can defend you against the threatened license suspension.
At the administrative hearing, the DMV officer will decide your case based on only a few issues
Were you driving the vehicle?
Was there reasonable cause to arrest you?
Was your BAC .08% or higher while driving the vehicle?
If applicable, did you refuse the chemical test?
If applicable, were you properly informed that chemical test refusal would result in license suspension?
If you hire experienced DUI lawyer Michael A. Fiumara to represent you, Mr. Fiumara will prepare a winning strategy in getting your suspension set aside. The Administrative hearing will not likely be decided the same day. You will receive notification by mail when your case has been decided. This can take as little as two days but may take up to thirty days for a decision. Your license suspension is put on hold until a decision is made by the DMV officer.
It is important to remember that this administrative license suspension is a separate punishment seen as an “immediate sanction” and is in addition to any license suspension penalty that may be incurred if you are convicted of the DUI. The ALS suspension, if not contested, will take place for four months if it is a first time offense and for 18 months for repeat offenses.
It is important to hire an attorney experienced in defending DUI cases. DUI charges can lead to multiple license suspensions, probation, hefty fines and jail time depending on how many prior convictions you may have had. Your attorney should be aware of how to attack and discredit breathalyzer and field sobriety tests.
Santa Rosa DUI attorney, Michael A. Fiumara has successfully defended hundreds of people with their DUI charges with over 23 years of defending DUI offenses. He will evaluate your case honestly and give you the best course of action for your defense. Don’t assume you are guilty!
Contact the Law office of Michael A. Fiumara today.