DUI Attorney Torrance
Our Los Angeles criminal defense law office has been in the forefront to battling DUI arrests in Torrance City for years. Our DUI attorneys in Torrance have come up with pointers in order for our clients to fully understand the DUI California State law. If you or someone you know has been arrested for suspicion of drunk driving then you need to speak with one of our DUI lawyers, Among these pointers are the following:
Obligation of the officer upon arrest
If you have just been arrested for DUI, the police officer has the responsibility to forward a copy of the completed notice of suspension or revocation form and any driver’s license which he took in his possession, with a sworn report to the DMV. In return, the DMV automatically conducts an administrative review that includes an examination of the officer’s report, the suspension or revocation order and any test results. If on case the suspension or revocation was affirmed during the review, the defendant may request a hearing to contest the suspension or revocation order, including the test results.
Our DUI lawyers will assist you with all of your needs including with your right to request a hearing from the DMV which must be filed within 10 days from receipt of the suspension or revocation order. Our DUI attorneys at Torrance will see to it that the review shall show that there is no basis for the suspension or revocation. In such a case, the action will be set aside. The DMV will send a notice in writing only if the suspension or revocation is set aside following the administrative review.
Confiscation of License
It is part of the protocol for police officers to confiscate the driver’s license of any individual arrested for DUI. However, said license will only be returned to the driver at the end of the suspension or revocation and provided that the individual shall pay $125 reissue fee to the DMV and the filing of proof of financial responsibility. For those who are below the age of 21, the reissue fee remains at $100 provided that the individual was suspended under the Zero Tolerance Law in accordance with the Vehicle Code Secs. 23136, 13353.1, 13388, 13392.
If in case our Torrance DUI attorney successfully acquired a judgment that there is no basis for your suspension or revocation of license, then the same will be returned to you forthwith.
Issuance of Order of Suspension and Temporary License
When a temporary license is issued to you, this means that you are allowed to drive for 30 days from the date the order of suspension or revocation was issued. This is true, provided, that you have been issued a California driver’s license and your driver’s license is not expired, or your driving privilege is not suspended or revoked for any other reasons. Talk with one of our DUI attorneys in Los Angelesand find out your legal rights.
Taking of Chemical Test
The law requires DUI defendants to submit to a chemical test in order to determine the alcohol and/or drug content of your blood. The refusal of the defendant to take the chemical test shall warrant the automatic cancellation of your license. If the defendant is 21 years old or older at the time of the arrest, and that he refused to take or complete a blood or breath test, his license shall be suspended for one year for the first offense. For the second offense, a suspension of 2 year shall be applied and for the 3rd or subsequent offenses, a suspension of 10 years.
If the defendant is under the age of 21 at the time of the arrest and the defendant failed to complete a PAS test or to take a chemical test, the penalty of suspension shall be 1 year for the first offense, 2 years for the second offense committed within 10 years from the 1st offense and 3 years revocation in case of third or subsequent offense.
When handling any criminal matters in Los Angeles it is best to get a consultation from our criminal defense attorneys. We are highly skilled in DUI defense and can advise you on the correct path through the legal system. With years of experience behind you, facing the courts can be made a little easier.