DUI Arrest and SR-22 requirements

June 11, 2013

dui arrestAfter a DUI arrest in Los Angeles the arrested driver is likely not only to face a criminal case in Los Angeles Superior Court, but also is likely to face an administrative prosecution by the DMV to suspend or revoke the driver’s license.   These two procedures are independent of each other and even if the DMV is dismissed (such as with a plea to a reduced charge), the driver’s license can be suspended by the DMV based on administrative hearing after a DUI arrest.   Our skilled Los Angeles DUI defense attorneys will defend you in DMV hearing and in Criminal Court.

If administrative hearing is lost and suspension is ordered by the DMV against the driver, after period of suspension passes, as a condition of reinstatement, the DMV will require proof of financial responsibility for three years.  The DMV might wrong to require the drivers not convicted of a DUI to show proof of insurance for three years simply because they have DUI arrest.   The DMV relies in its interpretation of the law on CVC 13353.3.   Yet in it, such “proof of insurance” requirement is only discussed in terms of restricted license requirement.  Thus, if one does not obtain restricted license, financial responsibility requirement should also not be imposed.   The DMV seems to take a different position and requires all drivers to obtain proof of financial responsibility even when driver does not obtain restricted license after a DUI arrest.

For reference: procedure for DMV (APS hearing) if found in approximately 70 different statutes of Chapter 3 of Division 6 of the California Vehicle Code.  Chapter 3 of Division 6 of the California Vehicle Code is titled “Suspension of Driver’s Licenses” and deals with 3 major topics: First, what suspension/revocations will occur after a court conviction; second, what suspension/revocation will occur after an administrative finding by the DMV; third, procedure for both.

You will need professional help of a drunk driving attorney in Los Angeles who knows how to build a defense around both, the DMV hearing and the criminal court.   Although both procedures independent, careful timing is needed to successfully defend after a Los Angles DUI arrest.  Call us for a free consultation to talk to attorney at (818) 921 7744 .

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