Chico DMV Attorney

Chico DMV Attorney
DMV Attorney Michael Erpino

Call Today 530-898-1111

*The current Virus Emergency has severely impacted how DMV processes and handles problems with Driver’s Licenses; call to discuss options.

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 (Vehicle Code (VC) 23152 and 23153) the arresting officer will usually confiscate your license, give you a temporary license, and forward the police report to the DMV in Sacramento. The DMV will start an Administrative Proceeding against you to suspend your driving privilege. That usually happens well before your first Court Date.

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 if your blood. In other words, they will get a sample of your blood anyway, charge you with the DUI, and add 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. 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.

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 and Warrants for Your Arrest. Call a Chico DMV Attorney today (530) 898-1111 to discuss your situation.

Chico DMV Attorney Michael Erpino

I’ve been fighting to get the best results for my clients since 1999. I’ve settled thousands of DUI cases in California Courts, successfully taken numerous DUI cases to jury trial, and handled hundreds of DMV matters. If you’re facing any trouble with the California Department of Motor Vehicles call me today (530) 898-1111 to schedule a free consultation.

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(530) 898-1111