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DUI in Orinda and License Suspension

Posted by Lynn Gorelick | Feb 19, 2020 | 0 Comments

Orinda is a great place to live, close enough to bigger Bay Area cities but far enough away to feel like a small town. With all the commuting in and out of Orinda, some drivers coming home after going out to dinner may see police lights in their rearview mirror. Even if the driver does not feel impaired, a chemical test may show the driver is over the legal limit. A drunk driving arrest can have a big impact on a driver's ability to get around the East Bay without a car.  

DMV License Suspension After an Arrest 

If you were arrested for a DUI in Orinda or anywhere in Contra Costa County, there is a limited amount of time to keep your driving privileges. Your license will be administratively suspended after an arrest, even if you are not convicted. The only way to challenge the automatic suspension requires requesting a formal DMV administrative per se (APS) hearing. Drivers only have 10 days of the arrest to get a DUI DMV hearing

DMV hearings take place at Driver Safety Offices (not at DMV field locations). The nearest DMV office that handles APS hearings for drivers who get a DUI in Orinda is in Oakland or El Cerrito 

Driver Safety Office

7677 Oakport St. Suite #220 
Oakland, CA 94621
Phone (510) 563-8900

Driver Safety Office

6400 Manila Avenue 
El Cerrito, CA  94530
Phone (800) 777-0133

Hours: Monday, Tuesday, Thursday, and Friday 8:00 am till 5:00 pm. Wednesday 9:00 am till 5:00 pm

Contact your East Bay DUI lawyer as soon as possible after your arrest so your lawyer can request a hearing. Once a hearing is requested, the license suspension may be stayed until the hearing. Another benefit of contacting a lawyer is that your DUI attorney may be able to handle your DMV APS hearing so you don't have to. If you have any questions about an administrative license suspension after a DUI arrest, talk to your Contra Costa County DUI lawyer.

Before Deciding to Plead Guilty in Court

Before you decide to plead guilty in court, make sure you understand your rights, your options, and the consequences of a drunk driving conviction. You may have a better case than you realize, especially if the police did not follow the rules during your arrest and chemical testing. 

Driving After Your License is Suspended 

If your license has been suspended or revoked because of a drunk driving arrest, there are a couple of options for getting your driving privileges restored. You should not drive with a suspended license, which can result in criminal charges. 

California Vehicle Code 14601 - Driving on a Suspended License 

Under California Vehicle Code 14601, “no person shall drive a motor vehicle at any time when that person's driving privilege is suspended or revoked.” A 1st time conviction for driving on a suspended license can result in imprisonment in a county jail for between 5 days and 6 months, and a fine of between $300 and $1,000. 

A second conviction for driving on a suspended license within 5 years of a prior offense shall be punished by imprisonment in a county jail for between 10 days and 1 year, and a fine of between $500 and $2,000. 

Get Your Driving Privileges Reinstated After a DUI

After a license suspension or revocation because of a DUI, there are a number of requirements in order to get your driver's license reinstated, including:

  • Waiting out the suspension period;
  • Pay any court fines or fees;
  • Provide proof of financial responsibility with an SR-22 certificate;
  • Complete DUI school and obtain a Notice of Completion Certificate;
  • Have an ignition interlock device (IID) installed, if required; and,
  • Pay the driver's license reissue fee to the DMV.

Most drivers are now eligible for a restricted driver's license if the person installs an ignition interlock device. An IID acts like a breathalyzer to start and operate the vehicle. An alcohol-free breath sample is blown into the device to be able to drive. If a breath test shows alcohol present, the car will not start and the device will record the failed breath test. 

Starting January 1, 2019, drivers convicted of a DUI will be able to continue driving once an IID is installed. The IID restriction time limits will depend on the number of prior offenses. 

  • First offense DUI: 6-month IID
  • Second offense DUI: 1-year IID
  • Third offense DUI: 2-year IID
  • Fourth or subsequent offense DUI: 3-year IID

If this is a first offense, there is a non-IID 12-month restriction available to allow driving to, from and in the course and scope of employment and to and from DUI classes. It requires a 30-day suspension, enrollment in a DUI class and an SR 22 filling.

Orinda DUI Lawyer

East Bay attorney Lynn Gorelick has more than 35 years of DUI experience and understands the consequences for drivers after a DUI arrest. Representing drivers in Contra Costa County and Orinda, Lynn Gorelick is familiar with the local DUI laws, and the local officers and prosecutors involved. Contact East Bay DUI lawyer Lynn Gorelick today for help in handling a DUI or driving on a suspended license.

About the Author

Lynn Gorelick

Lynn Gorelick has been an attorney for over 36 years. She is the Attorney Lynn Gorelick is the Immediate Past President of the California DUI Lawyers Association and a Faculty and Sustaining member of the National College of DUI Defense. Lynn is a Specialist Member of the California DUI Lawyers Association and lectures frequently to other attorneys regarding DUI and DMV issues.

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