Implied Consent and License Suspension

San Jose Implied Consent DUI Defense Attorneys  

Avoiding Driver's License Suspension for California DUI

Contact the experienced DUI defense lawyers at the Moore Law Firm in San Jose and Fresno for highly resourceful representation in any drunk driving or implied consent situation that threatens to result in the suspension of your driver's license.

Drunk driving allegations can lead to suspension of your driver's license in one of two ways: first, if your blood alcohol concentration is found to be at least .08% at the time of arrest; or second, if you refuse to submit to a blood or breath test. In the first situation, the arresting officer has evidence suggesting that you have violated the California DUI law, which upon conviction carries an automatic suspension of four months as a criminal penalty. If you have a prior DUI conviction, the automatic suspension period is one year.

In the second situation, whether or not you are charged with a crime, you will be charged with violating a condition of your driver's license, which holds that you implied consent to providing a sample of your blood or breath if you are suspected of driving under the influence of alcohol or drugs. The automatic suspension period for a first implied consent violation is one year.

At the Moore Law Firm, we have a thorough understanding of the relationship between drunk driving charges and driver's license suspension, and we have successfully represented many clients on both charges. What is essential to remember is that you must apply for a hearing before the California DMV in order to protect your driver's license after a drunk driving arrest, and you must do so quickly. You have only ten days in which to request the DMV hearing. At the time of your arrest, you should have been given a 30-day temporary license, and the only way to extend it is to apply for the DMV hearing within the first ten days.

The administrative hearing process related to a drunk driving arrest or implied consent violation is widely misunderstood by the general public. These hearings are neither mere formality nor unwinnable--we win these license reinstatement hearings frequently. San Jose DUI defense attorney Randy Moore has not only developed highly effective methods for preserving his clients' driving privileges during the pendency of their DUI cases, he also presented a seminar entitled "Winning Defenses Against License Suspension" to the California State Bar Convention in 2002.

If you need to preserve a clean driving record, or cannot afford to suffer such DUI penalties as a suspended or revoked driver's license, contact the Moore Law Firm. Our attorneys can help ensure that your right to challenge an automatic drivers' license suspension on a drunk driving or implied consent charge is preserved.