ADMINISTRATIVE DRIVERS LICENSE SUSPENSION:The administrative action by the DMV, is the suspension that the DMV hearing officer decides whether to impose, after an Administrative Per Se (APS) hearing is conducted. The license suspension associated with a third offense administrative action is a one year suspension, with no eligibility for a restricted license. However, if you’re convicted in court, you may still apply for a restricted drivers license after 6 months, under California Vehicle Code 13352. This restricted license allows someone to drive anywhere at any time. Only a knowledgeable attorney can inform you of all of your options.
REFUSAL: The consequences for a refusal in court, on a third offense, are worse than a regular third offense DUI. Aside from the sentencing enhancement, it is an enhancing factor that the prosecutor considers in making an offer. An attorney at The Law Office of Ben Mironer can truly help someone charged with a Refusal, because these cases tend to have less evidence for a prosecutor. In a third offense, a person facing mandatory jail if they plead guilty, may find it worthwhile to take their chances at trial. It is usually more difficult to prove levels of impairment, without chemical evidence. This is why it is crucial to have an attorney that the prosecutors know will not hesitate to take a good case to trial.