Meet the Attorney
Ian Pancer focuses his practice on
DUI Defense to give his clients the
very best defense possible.
What to do after a DUI Charge
Ian Pancer focuses his practice on
DUI Defense to give his clients the
very best defense possible.
License Suspension
If you have been pulled over for suspicion of driving under the influence of alcohol or drugs and you refuse to take the breathalyzer test, your license will be suspended immediately, and you will be escorted to jail. In California, the standard is 48 hours in jail for refusal to take the breathalyzer. If you take the breathalyzer and have a blood alcohol content of .08% or more, you will also lose your license and be escorted to jail. Once you have been placed under arrest, you have only 10 days to request a DMV hearing for temporary reinstatement of your license. If you allow the 10 days to lapse, you will automatically have your license suspended. It is important to retain the services of a experienced San Diego DUI attorney right away if you have been arrested for DUI. Attorney Ian Pancer has been specially trained in DUI defense, and will make sure you do not miss any important court deadlines.
While your license is suspended, you have no driving privileges, and if you are found driving with a suspended license you could face imprisonment and/or an extended suspension of your license. However, you may apply for a restricted license that will allow you to drive to and from work. Whether or not a restricted license is granted is dependent upon your individual circumstances.
Restoring your License
Once your license has been suspended, you will receive a Notice of Restoration from the DMV. A general overview of the steps to restore your license is as follows:
- Pay a restoration fee of $125, or if you are under 21 and your license was suspended due to the zero tolerance laws, you will pay a fee of $100.
- Apply for a license renewal in order to receive a new license.
- Concerning the DUI, you will have to complete the mandatory probation period.
- You must have proof of insurance, California Insurance Proof Certificate, SR-22, for the DUI now on your record.
- Complete the DUI treatment program, and file the Notice of Completion.
- Pay any court fines.
Once your license has been restored, you will be subject to a Mandatory Probation Period of one year, and any violations during that time can result in an additional suspension of your California driver’s license.
Conclusion
Due to California’s “implied consent” laws, you must submit to some type of chemical test if pulled over for suspicion of drunk driving. In most cases, this is the breathalyzer. If you refuse this test, you will have your license suspended immediately, and have to request a hearing to get it back. Not only is losing driving privileges a huge inconvenience to most people, it is an expensive and tiresome journey to get your license back once it has been suspended. If you find yourself in a situation where you have your license suspended, contact DUI attorney Ian Pancer for a free consultation on what your options are for obtaining a restricted license, or getting all your driving privileges back.