Chico DMV Attorney Michael Erpino

Call Today 530-898-1111

Chico DMV Attorney

Chico DUI and DMV Attorney Michael Erpino handles all California Department of Motor Vehicles (DMV) matters. This includes suspensions, revocations, and restrictions related to alcohol and driving offenses. Call today and schedule a free consultation (530) 898-1111.

Driving Under the Influence (DUI)

WARNING: YOU OR YOUR CHICO DMV ATTORNEY MUST CONTACT THE DEPARTMENT OF MOTOR VEHICLES WITHIN 10 DAYS AFTER BEING ARRESTED FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI) OR THE DMV WILL LIKELY SUSPEND YOUR PRIVILEGE TO DRIVE

If you’re arrested for Driving Under the Influence of Alcohol under California Vehicle Code (VC) 23152(b) or VC 23153(b), the arresting officer will confiscate your license, give you a temporary license, and send a report to the DMV. The DMV will start an Administrative Proceeding against you to suspend your driving privilege. That usually happens well before your first Court Date, and you have just 10 days to call DMV and set a hearing or else you forfeit your right to a hearing. There are several reasons to always set a DMV hearing in a DUI case, even if you’re arguably “guilty,” call our office if you want to discuss the details.

CAUTION: WE’VE HEARD THAT LATELY THE DMV IS MAKING IT VERY DIFFICULT FOR CITIZENS WHO TRY TO SET A DMV HEARING USING THE PHONE NUMBER LISTED ON THEIR TEMPORARY LICENSE – IF YOU DO NOT HIRE AN ATTORNEY, AND YOU CALL DMV WITHIN 10 DAYS OF YOUR ARREST, DO NOT TAKE NO FOR AN ANSWER – INSIST ON YOUR RIGHT TO A DMV HEARING! OR BETTER YET HIRE AN ATTORNEY WHO WILL NOT TAKE NO FOR AN ANSWER

DMV and “Refusal” Allegations

A person arrested for DUI must submit to give a breath or blood sample to determine whether they have alcohol or drugs in their system. If you “refuse” to give a sample of your breath or blood you will lose your privilege to drive for one year or longer. You will not be able to get a restricted license. Law enforcement officers are supposed to read you a “refusal admonition” informing you of that consequence, but many don’t. They also don’t tell you that as soon as you refuse they will wake up a Judge and get a warrant or a “forcible blood draw.” That means the officer (usually several officers) will escort you to a hospital and hold you down if necessary so a nurse can draw a sample of your blood. In other words, in most cases, they will get a sample of your blood anyway and charge you with a DUI as well as the refusal allegation.

DMV “Administrative Per Se” (APS) Hearings

Whether you have a basic DUI arrest or a refusal, you have the right to fight whether your license should be suspended. However, if you or your Chico DMV Attorney doesn’t set a hearing within 10 days of your arrest you give up that right. Before the hearing the DMV must provide a copy of the police report, any breath or blood results, and any other evidence they want to use against you. There are defenses in some cases and new Law in California that can help you avoid a suspension, even if the evidence against you is bad. Call today and schedule a free consultation to discuss your arrest for Driving Under the Influence and the DMV consequences.

Suspended for a DUI (VC 14601.2)

If the DMV suspends your privilege to drive for a DUI and you’re caught driving, the punishment can be worse than the punishment for a DUI. First, the officer can impound your vehicle for 30 days at your expense. When you get to court you’ll face a minimum of 10 days and up to one year in county jail, 2 points on your DMV record (see below), and large fines and fees. Additionally, you’ll likely have to install an Ignition Interlock Device on your vehicle to get your license back.

Point Suspensions

The DMV puts “points” on your driving record for certain Vehicle Code violations including speeding, rolling a stop sign, reckless driving, and DUI. If you get too many points (4 in one year; 6 in two years; or 8 in three years) you lose your license to drive. The rules are slightly different for drivers who hold a Commercial Driver’s License. You’re entitled to a hearing to present any defenses, and you may be eligible for “DMV Probation” and get your license back in some cases.

Re-examinations and Priority Re-examinations

If a law enforcement officer believes that the DMV should assess whether you should be driving a motor vehicle, that officer will notify the DMV in writing. This can happen if the officer believes you may be addicted to a drug (even prescribed drugs), or that you might have a mental or physical impairment, or for any other reason the officer deems sufficient. If this happens you will be entitled to explain your side of what happened to a DMV Hearing officer who will likely ask you questions about the officer’s allegations. DMV can then take your license away if they believe it’s necessary. The DMV can also order you have your doctor complete DMV’s Driver Medical Evaluation, order you to retake a driving test with a DMV representative, or ask you to agree to restrictions on your driving privilege.

Other DMV Suspensions

In addition to losing your license for too many points, you can be deemed a “Negligent Operator” for bad driving or accidents. The DMV can also suspend your license for dangerous or reckless driving, age related problems, medical problems, and for drug addiction. Lastly, you can lose your license for missed Child Support payments or if you have any Warrants for Your Arrest.