After a person is arrested for a DUI offense in the Pasadena area as part of the Pasadena DUI Process, important actions involving their driving privileges start occurring immediately. It is critical that a person understands exactly what is going on, as his or her driving privileges depend on it.
When a DUI suspect in Pasadena is arrested by a law enforcement officer from the Pasadena Police Department, California Highway Patrol, Arcadia Police Department, Los Angeles County Sheriff’s Department or any other agency operating in the Pasadena region, his or her California license will be seized by the arresting officer. The officer will complete a DMV form called a DS-367 and provide a copy to the arrestee. This form serves as notice of an impending license suspension, scheduled to start 30 days after the arrest date. If the driver wants to challenge the license suspension, he or she must file a request for a DMV administrative hearing within 10 days. The arresting officer must provide the DMV with a copy of the DS-367, the driver’s California license, and a sworn statement regarding the incident. If the driver has an out-of-state license, the physical license will not be revoked, however they can still face a driver’s license suspension as the incident would be reported to his or her home state.
If a timely hearing request has been filed, the matter will be scheduled for an administrative hearing with a hearing officer from the DMV. The hearing officer, who is not a judge or an attorney, will review the police reports and may request live testimony from the arresting officer or any other pertinent witness. A skilled Pasadena DUI attorney should handle the hearing, as an attorney can make sure his client’s rights are protected. Going into a DMV hearing without an attorney is not advisable, as these hearings require a detailed knowledge of DUI law and rules of procedure.
If the hearing officer ultimately determines that the suspension is not valid, it will be set aside and the driver will not have to deal with a potential suspension. However, if the hearing officer concludes that the suspension is valid, the stay of suspension will be lifted and first time DUI offenders will face a four month license suspension. After a 30 day hard suspension, the driver would be eligible for a restricted license which would allow travel to and from work. To obtain this restricted license, the driver would have to sign up for the alcohol education class, obtain SR-22 supplemental insurance and pay a $125 reinstatement fee. Requesting a restricted license would extend the four month suspension an extra two months.
For Pasadena drivers who have a previous DUI related suspension or conviction within the past ten years, or for those who refuse testing, the driver’s license suspension would last a full year. In most of these cases, a restricted license is not available to the driver. A driver with a prior DUI conviction who gets a second DUI while they are not on probation would be eligible for a restricted license 90 days after their second court conviction. A refusal will always add an extra year to any license suspension and will always prevent eligibility for a restricted license.
Pasadena drivers under the age of 21 face a year-long driver’s license suspension if they are caught driving with any measurable amount of alcohol in their system pursuant to California Vehicle Code Section 23136 VC. These drivers would not be eligible for a restricted license and could still face criminal charges for the DUI offense.
If you have been arrested for DUI in Pasadena, it is very important that you contact a knowledgeable and experienced Pasadena DUI attorney as soon as possible. There are critical DMV deadlines that start running as soon as a person is arrested, and failure to meet crucial deadlines would result in an automatic loss of driving privileges. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Pasadena DUI Attorney Michael Kraut knows how to effectively fight all aspects of DUI cases, including the DMV license suspension. Mr. Kraut formerly served as a Senior Trial Prosecutor assigned to the Pasadena Courthouse and is highly respected in the area by judges, prosecutors and law enforcement alike.
For more information about Pasadena DMV and DUI Suspension Codes, and to schedule your free consultation, contact Pasadena DUI Lawyer Michael Kraut at the Kraut Criminal & DUI Lawyers located at 790 East Colorado Boulevard, 9th Floor, Pasadena, CA 91101. Mr. Kraut can be reached 24/7 at 888-334-6344 or 626-345-1899.