Yes, a cop can take your license if it’s suspended, but this depends on the circumstances. If you are caught driving with a suspended license, the police may confiscate it as part of the enforcement process. In most cases, they will issue a temporary license to cover a specific period. However, this may not apply if you are an out-of-state driver, as jurisdictional rules vary.
You can easily contact a lawyer for more information about how the law applies to your case. We can connect you with a Los Angeles DUI lawyer that offers free consultations and can get started on your case immediately.
What Are California’s Laws Regarding the Seizure of Your License After a DUI Arrest?
Los Angeles police officers have the legal right to take your license after a DUI arrest in California. However, they can only take your license if:
- You are a resident of California AND
- You have the license with you
They cannot take your license if you do not have physical possession of your license at the time of your arrest. However, driving without a license is also against the law in California per California Vehicle Code Section §12500. You can face additional charges if you are arrested for a DUI and you do not have your license with you.
Additionally, just because they do not take your license does not mean that it continues to be valid. Police officers will notify the California Department of Motor Vehicles (DMV) about the DUI charge. The DMV will then restrict the use of your driver’s license, even if the police did not take it away from you.
Can You Get a Temporary Driver’s License After a DUI Charge in Los Angeles?
Police officers do not just take your driver’s license after a DUI arrest in Los Angeles. In many situations, police officers will also provide you with a paper “temporary” license. However, officers will not always hand out these licenses.
In some situations, you will receive a temporary license in the mail from the DMV instead. These licenses are only good for 30 days after a DUI arrest. After this 30-day period, the DMV can automatically suspend your license in Los Angeles.
How to Fight an Automatic License Suspension
You can take steps to avoid an automatic license suspension. You have ten days from the time of your arrest to request a DMV hearing. This hearing allows a lawyer to argue that you should keep your driving privileges while the charges are pending.
A Los Angeles DUI lawyer can help you handle a DMV hearing. They can also make sure that you request this hearing in time after a DUI arrest.
Can the DMV Suspend Your License for a DUI Charge in Los Angeles?
The DMV has the right to suspend your license after a DUI charge in Los Angeles. The court system can also order a license suspension if you are convicted of a DUI. However, you should know that license suspensions have fallen out of favor for many DUI charges in California.
California currently uses an ignition interlock device (IID) program for many drivers convicted of a DUI. The IID program allows you to continue driving if you get an IID-restricted license. This means you must install an IID into any vehicle you drive after a DUI.
IIDs are a kind of breathalyzer device. They will attach to your vehicle and measure your blood alcohol concentration level (BAC) every time you try to drive. They will not allow your vehicle to start if your BAC is elevated. Installing these devices allows you to continue driving after a DUI conviction.
What Happens if You Refuse to Install an IID After a DUI?
Some drivers in Los Angeles do not want to use an IID. In this situation, the court can suspend your license outright. You may have to wait months or years to get your license back after a suspension. Find out more about your options for DUI strategies with a lawyer here in Los Angeles.
Can You Face Other Penalties for a DUI Conviction in Los Angeles?
Drivers convicted of a DUI can face restrictions on their driving privileges in California. There are also several additional consequences for a DUI conviction. Drivers convicted of a first-time DUI can face:
- Fines
- Jail time
- Time in an alcohol treatment program
Additionally, you should know that all DUIs in California are considered “priorable.” This means they stay on your record and count against you if you face subsequent DUI charges.
You will face higher fines and a longer period of incarceration for a second or subsequent DUI conviction. All DUI convictions stay on your driver’s record for ten years before they no longer count against you.
Can the Police Take Away Your Out-of-State License?
A Los Angeles police officer can arrest you for driving under the influence even if you have an out-of-state driver’s license. However, they cannot take physical possession of such a license. While you are in custody, the California DMV will notify your state’s DMV of the arrest through a national database.
The only state that can suspend your driver’s license is the state that issued it. A lawyer can help if you believe a Los Angeles officer illegally seized your out-of-state driver’s license.
How to Build a Defense to DUI Charges in Los Angeles
DUI lawyers can assist you if you are accused of a DUI in Los Angeles. You can contact one immediately after your arrest, especially if a police officer took your driver’s license. An attorney can take steps to investigate your charges and may argue that:
- You were not driving under the influence.
- You were stopped without due cause.
- You were given improper BAC testing.
You can hire a DUI attorney in Los Angeles to focus on getting your charges dismissed after a DUI arrest. They can also take steps to get your charges reduced. DUI lawyers know how to work with the prosecution to help you get a plea bargain that will allow you to move forward with your life.
Talk With a DUI Lawyer if the Police Take Away Your License
A Los Angeles DUI lawyer could help you get your driver’s license back. Whether a police officer physically took your license away or you simply face a suspension or revocation from the DMV, you have the right to hire a DUI attorney to protect your rights.
They can build your defense after a DUI charge, utilizing various DUI defense strategies to challenge the prosecutor’s case. Contact Los Angeles DUI Lawyer today to be put in touch with an attorney who can help you.
