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First Time Charged with DUI in Los Angeles. What Happens Next?

Woman Worried If you are charged with driving under the influence (DUI) in Los Angeles, California a variety of things happen, as described below:

First, the law requires that the officer immediately forwards the driver license in question, if it was taken into possession, to the DMV along with a copy of the notice of suspension or revocation form once it has been completed. A sworn report also needs to be sent to the DMV. When this happens, the DMV automatically performs an administrative review that features an examination of the report prepared by the officer.

If the DMV subsequently upholds the suspension or revocation after the administrative review, you have the right to ask for a hearing to contest the punitive action taken. Your right to request a hearing lasts for 10 days from the receipt of the suspension or revocation order.

If, after the hearing the review demonstrates that the suspension or revocation was not warranted, the action taken by the DMV will be reversed. If this occurs, you will be notified by the DMV in writing; if no action is taken and the suspension or revocation remains in effect no written notification will be sent.

If the police offer confiscated your driver license when you were arrested, it will be returned to you when suspension or revocation ends, as long as you pay a $125 fee to the DMV to reissue it. The reissue fee is $100 if the suspension or revocation occurred in accordance with the Zero Tolerance Law pursuant to Vehicle Code §§ 23136, 13353.1, 13388, 13392. Your driver license will be reissued or returned to you if the DMV determines suspension or revocation of your license is not warranted.

If the officer issued you an Order of Suspension and Temporary License at the time of the arrest, you can drive for 30 days from the date the order was issued, providing:

  • You have been issued a driver license by the state of California
  • That license is not expired
  • Your driving privilege has not been suspended or revoked for any other reason

On the Notice of Suspension it specifies that you have 10 days to make a request for an administrative hearing.

If you are 21 or over, and you took a blood or breath test, or a urine test, and the test demonstrated that your BAC was 0.08% or higher:

  • If this was a first offense it will result in a suspension of 4 months.
  • If this was a second or subsequent offense within a 10-year period the suspension will be for 1 year
  • Those under 21 years of age who take a preliminary alcohol screening (PAS) test or another chemical test which demonstrated 0.01% BAC or higher will have their driving privileges suspended for 1 year

To get a restricted license allowing you to go to work and back you do not need to have a DMV hearing. You can apply for such a license at any DMV field office.

If the officer states that you refused to take a chemical test to ascertain the alcohol and/or drug content of your blood, your driving license will be suspended as follows:

If you were at least 21 years or older when the arrest occurred:

  • An initial offense will result in a suspension of 1 year
  • A second offense within 10 years will result in a revocation for 2 years
  • A third or subsequent such incident within 10 years will result in a revocation for 3 years

If you were under 21 years old when you were detained or arrested and refused to take the test the same penalties apply as if you were 21 years or older.

When the DMV suspends or revokes your license following a DUI it is an administrative action directed only against your driving privilege. It is called Administrative Per Se (APS). Any such sanctions levied by the DMV pursuant to APS are separate from any court-imposed penalties such as a jail sentence, fine, or other criminal penalties. Suspension or revocation subsequent to a court conviction is a mandatory action which can result in the imposition of jail, fine or other criminal penalty.

Schedule Your Free Case Evaluation With Our Top Criminal Defense Lawyers

The attorneys at The Omofoma Law Firm are experienced DUI lawyers who can help you fight your charges. As top criminal defense lawyers in Los Angeles, we serve clients throughout Los Angeles and Orange County, including Huntington Park, Alhambra, and Monterey Park.

We’re available 24/7 to provide you with a free case evaluation. Give us a call at (213) 455-4050.

Client Reviews
★★★★★
I contacted The Omofoma Law Firm looking for some legal advice and was incredibly pleased with what I found. Ese was very responsive, empathetic and understanding. He was able to give me clear advice about my options in a way that was easy for me to digest and understand. Ese was very knowledgable but also able to communicate that knowledge to me in a way that was easy for me to comprehend. I would definitely recommend The Omofoma Law Firm. J.M.
★★★★★
I can surely tell you that Mr. Omofoma is one of the best lawyers in the state. He always worries to solve any situation for his clients. In my case he was professional and efficient. If something came in the manner; Less than 24 hours he got the knowledge, the plan and the solution to overcome any situation. In this matter choosing the best lawyer means everything. J.F.
★★★★★
Superb firm that takes immediate and proactive action in your case. Highly professional, attention to detail, takes the time to explain the process, works hard for a positive and best possible outcome. Ese Omofoma creates a place of safety in what can be an overwhelming situation and scary system. Thank you Ese Omofoma, not just for your outstanding professional expertise and help in navigating the legal system but for your kindness and understanding. Incredibly grateful! P.W.
★★★★★
What a great experience. I was attacked by a dog and found it very hard to find a firm willing to take my case. Omofoma Law, not only took my case right away but I worked directly with Ese, the head of the firm, instead of always dealing with the secretary. The insurance companies would have walked all over me but thanks to the help from Omofoma Law I was able to walk away from the ordeal having all of my medical expenses taken care of as well as a nice settlement. Nik R.
★★★★★
The OMOFOMA Law Firm is Top Notch! Ese is a great Lawyer very easy to talk to and as smart as they come! My wife and I have used his services twice now and both cases resulted in complete success. I really appreciate the way he always kept us in the loop of things and always informed us immediately of any updates or changes. I will definitely use his services again in the future if needed and I definitely recommend The OMOFOMA LAW FIRM!!! Eric M.