Will Your Driver’s License Be Confiscated after a DUI Arrest in California?
Interviewer: What happens then to your driver’s license when you’re arrested for a DUI? I believe the first offense may not get your license suspended. What is the process once you’ve been arrested for DUI in California? What happens to your driver’s license?
Aaron: The police officer will physically confiscate the license. If you have a California license and you have it with you when you get pulled over for the DUI, they will take it from you.
If You Are an Out-of-State Driver, the Police Do Not Take Your License
If you have a license from another state, an out-of-state that is not a California license, they are not supposed to take that license from you. However, in either instance whether you have a California or non-California license, they’re going to give you a pink temporary license.
In California, It Is Likely You Will Lose Your Driving Privileges after a DUI Charge
It will have the instructions for requesting a hearing with DMV on it but actually in California you are very likely to lose your license on a DUI. The best chance you have to save it is to hire a DUI lawyer who is experienced in conducting DMV hearings.
Is It Possible for Your Attorney to Prevail at the DMV Hearing?
Interviewer: Now can a DMV hearing be won? Some people may think, “That’s impossible. That’s just dealing with the state.” Are there ways to actually win a DMV hearing with your attorney?
Attorney Bortel Has Prevailed at Many DMV Hearings for His Clients
Aaron: Absolutely. I just won one this week. I’ve won as many if not more of these hearings than anybody in the San Francisco Bay area. I know that good preparation, experience and understanding the rules and the laws that the DMV is using is the best way to win the hearings with DMV.
While Not Every Case Is Won at the DMV Hearing, Attorney Bortel Feels That If You Can Fight for Your License at the Hearing, You Can Prevail
Some of them are harder than others to win. In most cases there’s no one who wins more than half of their hearings. It just does not happen. The law’s too strict. We get too many cases where they’re just not going to be won but the only way to attempt to win is to fight.
Yes, I do win DMV hearings. Many attorneys will tell you, “There’s no way to win. Don’t do it. It’s a waste of time.” I disagree with that because you can’t win if you don’t fight.
By Aaron Bortel
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