Driver’s License Suspension Police

Driver’s License Suspension Police

Getting your driver’s license suspended can be a frustrating and challenging experience. In California, both the DMV and the courts can suspend your license after a DUI arrest. Understanding how police are involved in the suspension process is important.

Police play a key role in starting the administrative license suspension process after an arrest. They also provide evidence used by the courts to convict drivers and trigger criminal suspensions. Knowing your rights during police encounters can help minimize suspension risks.

The Police Role in DMV Suspensions

The DMV relies heavily on the police report and evidence from a DUI arrest to suspend licenses administratively. Here are some key police actions that lead to DMV suspensions:

• Conducting sobriety tests and determining impairment
• Recording BAC test results from breathalyzers
• Documenting test refusal in the police report
• Confiscating and forwarding licenses to the DMV
• Serving drivers with temporary license paperwork

The DMV uses the police reports and evidence to automatically suspend licenses without a court conviction. Errors and inaccuracies in police reports can jeopardize your license.

Challenging the Police Report

Since the DMV relies so heavily on police reports, challenging the report’s accuracy is critical to avoiding suspension. An attorney can help by:

• Obtaining police dash and body cam videos
• Questioning the validity of sobriety test results
• Disputing reasons given for test refusal
• Holding officers accountable for following protocols

Exposing flaws in the police report and evidence can undermine the DMV’s case for suspension at an administrative hearing.

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2024-03-21

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Police Role in Court Suspensions

Police also play an important role in court-ordered license suspensions after DUI convictions. Their actions include:

• Gathering evidence and conducting DUI investigations
• Filing thorough police reports documenting evidence
• Providing credible testimony on the stand as witnesses

The prosecution relies on solid police work to secure DUI convictions that lead to court-imposed license suspensions. An attorney can scrutinize the police actions for legal violations.

Suppressing Police Errors

If police make key mistakes in a DUI investigation, an attorney can file a suppression motion. Examples include:

• Lack of probable cause for stopping a vehicle
• Administering field sobriety tests incorrectly
• Not reading implied consent rights properly
• Mishandling BAC test devices and procedures

Suppressing evidence due to police mistakes weakens the prosecution’s DUI case. This makes acquittals more likely, avoiding license suspensions.

Common Suspension Triggers

Certain police actions serve as some of the most common triggers for license suspensions in DUI cases:

• Breath Test Results – Failing a breath test with a 0.08% or higher BAC triggers an automatic DMV suspension.
• Refusing Chemical Testing – Refusing to submit to BAC testing leads to mandatory DMV suspensions.
• Crash Involvement – A DUI arrest after a traffic accident prompts quicker DMV action.
• Injuries/Fatalities – Causing injuries or deaths leads to license revocation by the DMV.
• Prior Convictions – Police records of prior DUIs impact suspension lengths.

Skilled DUI lawyers know how to contest these police actions to avoid suspensions. An illegal traffic stop or flawed breath test can change outcomes.

License Confiscation by Police

A standard part of the DUI arrest process involves police immediately confiscating your license. Officers take the following steps:

1. Physically take possession of your license
2. Issue you a temporary 30-day permit
3. Send the confiscated license to the DMV
4. Document the confiscation in the police report

Refusing to surrender your license to a police officer can result in criminal obstruction charges. There is no way to prevent an officer from taking your license after an arrest.

Police Mistakes to Watch For

While most officers follow proper protocols, police do make mistakes during DUI arrests. Some common errors to watch for include:

• No valid reason for initiating a traffic stop
• Issuing field sobriety tests incorrectly
• Not reading your Miranda or implied consent rights
• Mishandling BAC testing procedures
• Exaggerating observations in police reports
• Failing to follow procedures for license confiscation

An attorney can evaluate the police report for these kinds of mistakes. Finding errors can help beat DMV and court license suspensions.

Fighting Suspensions Requires Legal Help

Avoiding license suspension relies heavily on disputing police accounts of your DUI arrest. Given how much the DMV and courts depend on police evidence, showing flaws in their reports and actions is key.

Since police work carries such legal weight, always consult an attorney early after any DUI arrest. An experienced lawyer knows how to scrutinize police properly and minimize suspension risks.

Conclusion

Police play a central role in initiating license suspensions through both DMV and court processes after DUI arrests. Their reports provide the evidence used to suspend driving privileges.

Understanding police involvement and contesting their accounts when necessary is critical to avoiding driver’s license suspension. Experienced legal help makes a major difference.

References

[1] https://www.shouselaw.com/ca/dui/laws/license-suspension/

[2] https://www.avvo.com/legal-guides/ugc/how-long-is-the-dmv-license-suspension-after-a-california-dui-arrest

[3] https://www.justia.com/dui-dwi/california/

[4] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=13353.

[5] https://www.lacriminaldefensepartners.com/dui-license-suspension/

[6] https://www.bermanlawgroup.com/field-sobriety-tests-explained/