Requesting a DMV Hearing in California
For many people, the scariest part of a DUI arrest is the fear that they will lose their ability to drive. This is a very real danger and immediate action is needed in order to protect your license. You only have 10 days after a DUI arrest to take action against license suspension. The best way save your license is to hire an experienced and aggressive attorney with a deep understanding of DUI law and what is needed to prevent license suspension.
If you are stopped in California and get arrested for a DUI, you will face two separate charges. First, you will be charged for the crime of driving under the influence. At the same time, the DMV also opens a separate charge against you for violating your implied consent. When you are given a driver's license, you also give your implied consent to not drink and drive. Section 23612 of California law states that:
23612. (a) (1) (A) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153.
If you are found to have a BAC over .08% or refuse to take a chemical test, you are violating this agreement and your license will be suspended 30 days after your arrest. You only have 10 days to request a DMV hearing so you and your attorney can plea your case in order to stop the suspension process. If you fail to act, your license will be suspended anywhere from 90 days to one year and you will have little chance of getting it returned sooner.
California Implied Consent Lawyer
At the time of a DUI arrest, the arresting officer should give you a temporary license. This is only good for 30 days as the DMV works to suspend your driving ability. You have 10 business days to request a DMV hearing in order to fight license suspension. This hearing is not related to your criminal hearing and the events that take place during the DMV hearing in no way effect your criminal charge. A DMV hearing does not have a judge, but an administrator who will look at your paperwork and evaluate whether your license should be suspended or not.
During the DMV hearing, it is important to have the aid of an experienced legal representative. The DMV employee in charge of the hearing will not make their decision based on personal factors like how hard it will be for you to get to work without a license. Instead, an argument will need to be made to attest to your innocence.
What Happens at a DMV Hearing?
When you appear for your hearing, you will get a chance to argue your side of the case. You can challenge the facts of the case or state why you think the charges are unfair. The police officer that made the arrest is required to be present and you or your lawyer will have the opportunity to cross examine them.
If you do not win your hearing, you will lose your license for 6 to 10 months. After a month you can apply for a temporary license to drive to work. You will also have to:
- Pay a $125 license reinstatement fee
- Enroll in a DUI education program
If you have a prior DUI conviction, you will have to wait 90 days before applying for a restricted license. You will also have to:
- Complete an 18 or 30 month DUI education program
- Install an ignition interlock device (IID)
If any aggravating factors are present such as causing injury or refusing a chemical sobriety test, you will face additional years of license suspension. Drivers who are underage will face one year of license suspension of 3 years if a chemical test was refused.
DMV Hearing DUI Attorney
It is difficult to commute in Southern California without a driver's license. Public transportation is not always reliable and is not even available in all areas. If your license is suspended due to a DUI arrest, you will have to rely on friends and relatives to give you rides. This can have a big impact on your school or work life because you will not be able to show up if you cannot get a ride.
If you have been arrested for DUI, call our office right away. We work hard to fight for your rights and to keep your license. Not only will we build a strong defense for your case but we will request a DMV hearing and work to stop your license from being suspended. Call us anytime for a free consultation.