Administrative Consequences of a DUI Charge

Bay Area criminal lawyers serving San Jose, Palo Alto, Cupertino, Los Gatos, Redwood City, Mountain View, Sunnyvale, San Mateo, Saratoga & Santa Clara

There are both administrative and criminal consequences to a DUI in California. Administratively, a DUI arrest may result in an on-the-spot driver’s license suspension by the Department of Motor Vehicles (DMV). The attorneys at Cahners & Samuels use their extensive experience to represent and defend clients in all aspects of drunk driving cases.

Administrative Per Se (APS) Suspensions

Generally speaking, the Administrative Per Se (APS) law calls for an immediate license suspension in these two circumstances:

  • The driver’s blood alcohol concentration (BAC) was .08 or higher
  • The driver refused to take a chemical test

There also is a “zero tolerance” law that calls for an immediate license suspension for a driver under the age of 21 who was apprehended with a BAC of .01 or higher.

The APS law allows for challenges to the suspensions. Because the time period to file a challenge is only ten days, it is important to contact experienced DUI lawyers immediately after a drunk driving arrest.

Consequences of an APS Suspension

The length of an APS suspension depends on the circumstances of the arrest and the number of prior offenses. For a BAC violation, the penalties are as follows:

  • Four months for a first offense
  • One year for a second offense
  • Two years for a third offense

For drivers who refuse a chemical test, the penalties increase dramatically:

  • One year for a first offense, with no opportunity for a restricted license
  • Two years for a second offense
  • Three years for a third offense

The consequences of an APS suspension can be devastating. However, our Palo Alto and San Jose DUI attorneys can help our clients obtain restricted licenses and hardship restrictions.

Help Protecting Your Driving Privileges

Few people succeed at representing themselves at an APS hearing. Hiring a competent attorney with a current and thorough knowledge of California DUI laws can mean the difference between retaining driving privileges and facing months or years with a suspended license.

Edwin Samuels has proven experience in drunk driving cases and can skillfully negotiate the technicalities of California’s DUI laws. Cahners & Samuels offers expert representation in both the APS and criminal consequences of a DUI case. With their representation, the DUI case may be dismissed or the sentence reduced, allowing life to return to normal. Contact us today.

Our San Jose and Palo Alto criminal defense law firm serves all of Northern California and the Bay Area with particular emphasis on DUIs in Cupertino, Los Gatos, Mountain View, Redwood City, Saratoga, Sunnyvale, Santa Clara County, San Mateo County, and Alameda County.

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