DUI charge new drivers license

Question: I was wondering what the steps are to get a new drivers license when your original one was taken after a DUI arrest in Los Angeles, CA.

Answer: The answer to that question may change depending on whether or not there is an actual DUI conviction and other factors associated with it (ie. if there were any enhancements which can effect “when” someone is eligible to get their full license back, APS hearing loss or failure to request APS hearing).

An APS hearing is short for “Admin Per Se” hearing.  When arrested for DUI your driver license faces two potential and separate driver license suspensions or revocations.  One depending on whether there is a Court conviction for DUI, and the other is whether or not the DMV takes independent action automatically as a result of the DUI arrest based on certain factors associated with the arrest.  This includes being arrested for being under 21 years old with a .01 or higher BAC level, 21 or over with a .08 or higher BAC level, allegation of refusal to complete a chemical test, etc).

Additionally, in California it is possible to get an extended temporary license through the DMV while the case is pending if requested within 10 days of arrest.

Call me to discuss your DUI and this question in more detail. We can discuss the Court and DMV process in more detail.  NOTE:  As stated above there is a short and limited time to request a DMV hearing after an arrest to avoid the DMV taking automatic action that generally leads to a driver license suspension.  If the hearing is requested in time we can not only challenge and try to stop that suspension, but we may also get beneficial information that can help defend the DUI case in court.

I can be reached by Phone at  818-336-1384.

Phil Hache
DUI& Criminal Defense Attorney