The Driver’s License Suspension: No Room To Negotiate

DUI Lawyer in Orange County

When a driver is arrested for a DUI in Orange County, they face the probability of a license suspension. Of course, there are actually TWO license suspensions that arise from a DUI: the first is the APS suspension (Administrative Per Se). This suspension is imposed if your Orange County DUI Lawyer loses the DMV hearing or it is imposed automatically if you or your DUI lawyer didn’t request a hearing. The Conviction Suspension is imposed if you plead guilty or are found guilty of a DUI in court. In that case, the court notifies the DMV and the DMV imposes the suspension. Typically, the two suspensions run together or concurrently.

The length of the suspension will depend on whether you have any prior DUIs or if you refused to take a blood or breath test. Talk to your DUI Attorneys in Orange County for the exact length in your case. For most suspensions, the driver is allowed to get a restricted license after a certain amount of time and if the driver does specific things, such as enroll in an alcohol program, have their insurance company send an SR-22 (proof-of-insurance) to the DMV, and install an Ignition Interlock Device (breath-testing machine) in their car. However, for a refusal, no restricted license is allowed.

Unfortunately, many people are under the impression that they can get a restricted license without serving any period of suspension if they really need to drive for work or for school. “But I’ll lose my job” clients will say. “Can’t we negotiate with the DMV?” they will ask. The answer is “NO”. There is no negotiating with the DMV, and it is exclusively the  DMV that suspends your license—not the court. The length of suspension is absolutely black and white and there is virtually no room to stray. The DMV understands that you may lose your job or that you may simply NEED to drive. But the law is the law and there is no flexibility whatsoever when it comes to DMV suspensions.

The only way to avoid the suspension in your case is for your DUI Lawyer in Orange County to win the DMV hearing and get an order of “set aside” from the DMV. But that is only half the battle. Even if your DUI attorney wins at the DMV, you will still be suspended if you lose in court. So to avoid a suspension altogether, you must win at the DMV and in court. Of course, there IS room to negotiate in court. For example, if your DUI Attorney wins at the DMV, they can negotiate a wet reckless plea in court, which would NOT result in any suspension.

If you were arrested for a DUI and would like some advice from experienced Orange County DUI Attorneys, call the Law Offices of EJ Stopyro at (949) 559-5500. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.