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Orange County, CA Criminal Defense Law Blog

Monday, September 15, 2014

You Could Lose Your License For DUI Arrest, Even If Not Convicted
Driving under the influence is a serious problem in the United States.  Even so, it is important to remember that not all who are arrested for the crime are guilty.  Unfortunately, even those who are not guilty can face serious consequences.  

Statistics show that approximately 186,000 people were arrested in 2011 for DUI in the State of California.  Around 20% of these people were not convicted of the crime.  Unfortunately, many of them still had their licenses suspended after beating the charges.  This is because a California law allows the Department of Motor Vehicles to suspend the license of an individual that was arrested for driving with a higher than allowed blood alcohol level.  In this instance, even if a judge determines that there is not enough evidence to proceed with the case or the charges are dropped for another reason, the DMV can still decide that you are guilty and restrict your driving privileges for a certain amount of time.  If you are acquitted of the charges after trial, the DMV is forced to lift the suspension.

The arresting agency is the one that will initially take away your license.  After you are arrested, they will suspend your license and issue you a restricted one.  Then, the DMV is provided with an official report of the incident and begins its process.  A hearing officer reviews the case and either decides to confirm or overturn the suspension.  The accused does have a right to hearing and if they request one, evidence they submit can also be reviewed.

A non-profit group has recently challenged the law and is claiming that it is unconstitutional as the hearing officer functions as a representative of the DMV and the decision maker at the same time.  They also allege that hearing officers are often pressured into deciding for the DMV and can face penalties if they do not.

DUI is a serious offense and can have direct and indirect consequences.  If you have been arrested or are suspected of a crime, you should call Orange County, CA attorney Mark Raymond McDonald at (888)-686-7874 for a consultation today.
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Archived Posts

2015
2014
December
November
October
September
August
Rapper Arrested in Orange County, California on Gun Charges
Further Changes to California’s Three Strikes Law
July
Change in California Criminal Law Likely to Reduce Deportations
Convicted Embezzler Receives Light Sentence Over Prosecution Objections
June
Lab Error in Methamphetamine Testing
New Mental Health Law Proposed After Tragedy in Isla Vista
May
Crowd Sourcing Law Enforcement - Can It Result in Criminal Charges against Innocent Parties?
Understanding California’s Implied Consent Law
April
March
The Impact of Additional Charges On a California Murder Case
"DUI" May Be a Matter of Opinion
February
Alternative Sentencing Options in the Orange County Area
Warrantless Cell Phone Data Searches: A Violation of the Fourth Amendment?
January
California Lawmaker Seeks Ban on 'Affluenza' Defense
Challenging the Accuracy of Blood Alcohol Content (BAC) Test Results
2013
December
California Supreme Court Deals a Blow to DUI Defense
Guns and Weapons Charges in Orange County
November
October
Domestic Violence in California
An Experienced Criminal Defense Attorney can Help you Through the Toughest Situations
September
California Lawmaker Supports U.S. Attorney General’s Stance on Drug Crime Reform
Irvine Murder Investigation Reopened
August
2012 “Crime in California” Report Just Released. What Does the Information Mean to Offenders?
Child Pornography and Child Molestation Charges and Sentencing
Nationwide Sting Highlights Law Enforcement Officials’ Focus on Sex Crimes
Motions: Paving the Way to Defense Victory
Sex Crime Charges in California: What Can You Expect Following a Conviction?
The New Three Strikes Law
Probation, Parole and Ankle Bracelets: What Does the Future of Electronic Monitoring Look Like?
July


The Law Offices of Mark Raymond McDonald serves clients in Santa Ana, Irvine and throughout Orange County, California.



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