Marin County Driver's License Reinstatement Lawyer
Keeping your Driver's License after a DUI Arrest in San Rafael or other Marin County Towns
One of the consequences of being arrested for DUI in Marin County is being subject to an automatic driver's license suspension. During your arrest, the officer confiscates your license and serves you with a DMV "notice of suspension," leaving you 30 days of temporary driving privileges before your suspension goes into effect.
It is important to realize that YOU HAVE ONLY 10 CALENDAR DAYS FROM THE ARREST DATE TO REQUEST AN ADMINISTRATIVE HEARING with the DMV to challenge your license suspension. If you let this deadline pass, there is no further opportunity to bring your case before the DMV.
Attorney Paul Burglin has extensive experience challenging driver's license suspensions and revocations initiated in Marin County and throughout the San Francisco Bay Area. Attorney Burglin has represented clients charged for DUI in northern California since 1985, and during that time, he has filed numerous successful writs against the DMV for improperly suspending or revoking a license, unlawfully denying a restricted license, and similar legal matters. He has also helped many out-of-state licensees deal with the repercussions of a California DMV action. This is a very complex and nuanced area of the law that very few attorneys get involved with.
Driver's License Suspensions in Marin County
A DUI arrest in California triggers a suspension of your driver's license through the DMV. There is also a separate criminal proceeding which, if you plead guilty or are found guilty at trial, can result in an automatic license suspension or revocation. The length of time your license is suspended or revoked from the criminal case is dependent on the totality of the circumstances. For first-time DUI offenders, the suspension period is generally six months. For second and multiple DUI offenders (within a 10-year period), the penalties are as follows:
- Two DUI Convictions: Two-year suspension
- Three DUI Convictions: Three-year revocation
- Four or more DUI Convictions: Four-year revocation
If you refuse to take a mandatory breath or blood test following your DUI arrest, your license may be suspended for a minimum period of one year. In addition, if there are aggravated circumstances such as an accident resulting in death or serious injury, the suspension/revocation period may be further extended.
In order to keep your driver's license after a drunk driving arrest, you must either prevail at your DMV administrative hearing or avoid a criminal conviction. One way to deal with the criminal proceeding is to plead guilty to a lesser charge, such as alcohol-related reckless driving (also known as a "wet reckless"). In Marin County, the District Attorney's office typically does not negotiate plea bargains with DUI offenders. In 2016, this policy was relaxed a little bit to allow a limited number of first-time offenders to have their DUI charge reduced to a "wet reckless."DUI Consequences for Licensees from Out of State
Drivers from out of state who are arrested for drunk driving in Marin County are given notice that their driving privileges in California will be suspended after 30 days. The California DMV also notifies your home state of your DUI arrest, which may trigger a license suspension back home, depending on the specific procedures of your state. For out-of-state licensees, it is important to work with a local attorney who knows the specific procedures and is able to help minimize the negative consequences.
Speak with an Experienced San Rafael Driver's License Reinstatement Attorney
If you want to keep your driver's license after being charged with drunk driving, you need a seasoned DUI defense lawyer who is familiar with California's DUI Laws and the processes within the California DMV and the local court system. Attorney Paul Burglin has in-depth knowledge of driver's license suspensions and revocations, and the most effective legal defenses to get you back on the road in the shortest possible time. His vast understanding of this area of the law and successful track record are major reasons DMV hearing officers frequently contact him when one of their own family members or friends needs to get their license reinstated after being arrested for DUI.
For a confidential and discreet consultation with attorney Burglin, contact our office today at 415-729-7300. We serve clients throughout the San Francisco Bay Area and Marin County, including San Rafael, Corte Madera, Novato, Sausalito, Lagunitas, Belvedere, Bolinas, Dillon Beach, Fairfax, Forest Knolls, Greenbrae, Ignacio, Inverness, Kentfield, Larkspur, Marshall, Mill Valley, Muir Beach, Nicasio Valley, Olema, Point Reyes Station, Ross, San Anselmo, San Geronimo, Stinson Beach, Tiburon, Tomales, and Woodacre.
VISIT OUR OTHER WEBSITES | SAN RAFAEL | SAN FRANCISCO | SONOMA | NAPA | OAKLAND |