March 2017 Newsletter
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Why You Must Act within 10 Days of Your DUI Arrest
Ten days. That's all a driver has to take quick action after an arrest for suspected driving under the influence (DUI). Ten days. That's all the time available to challenge an administrative per se (APS) suspension. After that 10-day period, a driver forfeits substantial legal rights.
 
Officers make mistakes every day while doing their jobs. In the case of a DUI arrest, these mistakes can cost a driver dearly. Here are just a few examples of mistakes officers make:
 
  • failing to have reasonable cause to believe a driver was DUI;
  • failing to arrest a driver properly, such as by not advising the driver of his or her Miranda rights;
  • failing to inform a driver of the potential consequences of refusing to take-or failing to complete-a chemical test; and
  • failing to perform field sobriety tests properly.
 
Any of these mistakes can invalidate an APS suspension, preserving driving privileges.
 
Here's the problem: Many people accused of DUI never request a hearing to challenge the basis of their license suspensions. Some people wrongfully assume that there is no reason to even try, and others forget. As a result, licenses are suspended unnecessarily.
 
The truth is that APS suspensions are overturned every day. Even when they are not overturned, requesting a hearing often results in a delayed suspension. A hearing request also allows a driver's attorney to preview the evidence the State will likely use in criminal proceedings against the driver. This increases the likelihood that the driver's lawyer will be successful in the criminal case.
 
But all of these advantages are lost forever if the 10-day period for making a hearing request is missed.
 
Don't be one of the many drivers who loses valuable legal rights because of a missed deadline. Contact the DUI experts at the Law Offices of Virginia Landry. We can help clear your name and restore normalcy to your life. Call our office at 866.902.6880 or visit our website at www.duiqueen.com to get started.
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When Can Your Driver's License Be Confiscated for DUI?
If you are a California resident, you probably know that a peace officer sometimes has the right to confiscate a driver's license after an arrest for driving under the influence (DUI). However, this right is not absolute. There are limits on when confiscation is proper.
 
California's Administrative Per Se (APS) Law


 
In recent years, many state legislatures have passed laws requiring arresting officers to confiscate driver's licenses when they reasonably suspect DUI. Many states passed laws like this to take a harder stance on drunk driving. California is no exception.
 
California passed its law requiring immediate license suspension in 1990. This is known as an "administrative per se" (APS) suspension. It allows an arresting officer to confiscate the driver's license at the scene as long as certain requirements are met.
 
The California law provides that when a license is confiscated, the officer must give the driver a "notice of suspension" and 30-day temporary license. This paper serves as notice that the driver's license will be suspended after the 30-day period ends. The purpose of this temporary license is to give the driver time to challenge the suspension. This is critical for a driver who must work to support his or her family or who is responsible for transporting his or her children to school.
 
California's APS law applies to impaired driving caused by alcohol, drugs, or both. Of course, if the driver does not have a valid license, any temporary license that may be issued by an officer does not allow him or her to drive.
 
What Are the Requirements for Driver License Confiscation in California?
 
When a peace officer confiscates a driver's license due to a failed or refused chemical test, this is known as an "APS suspension." Although the officer seizes the license, the action is actually undertaken by the California Department of Motor Vehicles (DMV).
 
An APS suspension of a driver 21 years of age or older is proper only when specific requirements are met. First, the peace officer must have reasonable cause to believe that the driver was driving under the influence, as that term is defined in California's motor vehicle laws. Second, the officer's detention of the driver must have been legal, meaning that the driver was either lawfully arrested or was on DUI probation when the alleged offense occurred. The remaining requirements depend on whether the driver completed a chemical test or whether he or she refused or failed to complete a test:
 
  • Completed a Test: The driver must meet one of the following standards: (1) a blood alcohol concentration (BAC) of 0.08% or greater while driving a noncommercial vehicle; (2) a BAC of 0.4% or greater while driving a commercial vehicle; or (3) a BAC of 0.01% or greater while on probation for DUI or if under age 21.
  • Refused or Failed to Complete a Test: Two requirements must be met in this circumstance: (1) the peace officer must tell the driver that license suspension or revocation will follow a refusal to test or a failure to complete a test; and (2) the driver must refuse a test or fail to complete a test after being asked to do so.
 
If a driver's license is confiscated and these requirements are not met, the driver can successfully challenge the APS suspension.
 
Hiring the right attorney can make all the difference when challenging an APS suspension. At the Law Offices of Virginia L. Landry, our Orange County defense attorneys have experience helping people whose licenses have been confiscated, and they will work to help get you back in the driver's seat sooner. For more information about APS suspensions, visit www.duiqueen.com . To set up a free initial consultation with one of our attorneys, call 866.902.6880 today.
A Note To Our Clients
  • To our current clients: Thank you for the opportunity to serve you during this difficult time.
  • To our future clients: We look forward to working with you in your time of need.
  • To all reading this newsletter, please be sure to like us on Facebook. Click here.
Virginia Landry

Virginia L. Landry received her undergraduate degree from Northern Arizona University in 1982. She then went on to pursue her law degree from Western State University, graduating in 1988. The following year, Ms. Landry opened her own Law Office. As a nationally recognized Board Certified DUI Defense Attorney Specialist, Orange County Criminal Defense Attorney Virginia L. Landry, is able to practice law within all the California state courts and the Central District Court of the United States.

 

As a criminal defense lawyer with years of litigation and trial experience, Ms. Landry is fully prepared to handle criminal cases involving violent crimes, white collar crimes, theft crimes, sex crimes, juvenile crimes, drug crimes, weapons charges, and domestic violence. Attorney Landry has successfully represented clients facing a variety of complex misdemeanor and felony charges.


In addition to her current position as Regent for the National College for DUI Defense (NCDD), Virginia serves on the Board of Directors for the California DUI Lawyers Association  as its Secretary. Virginia is one of only a handful of attorneys across the nation who is Board Certified in DUI Defense. She has also received her  certificate of instruction , successfully training participants in DWI Detection and Standardized Field Sobriety Testing Student and Instructor courses.

 

Virginia Landry served on two committees and was on the Orange County Bar Association's Board of Directors for three years, is a past President and current member of the West Orange County Bar Association, is currently a Sustaining Member for the California Attorneys for Criminal Justice and is a member of the National Association of Criminal Defense Lawyers serving as Co-Chair of the DUI / DWI Committee. Other local bar associations include the North Orange County Bar Association, The Newport Harbor Bar Association, the South Harbor Bar Association, the Western State University Alumni Association and the Northern Arizona University Alumni Association.
Law Offices of  Virginia Landry