Typically, the DMV revokes your right to drive if you refused chemical testing when pulled over by police or if you were found to have a BAC level of 0.08% or higher. Within ten days of being arrested for DUI, you can request a DMV hearing (or Administrative License Suspension Hearing) and make an appeal. After that window of time has passed, you are ineligible for a hearing. DMV hearings are very technical, but an important component in a DUI case.
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Many individuals do not make a connection between the criminal case and the DMV hearing, although there is one. Unfortunately, however, winning ground in one does not necessarily constitute success in the other.
A DMV hearing does not determine whether or not you are innocent. The DMV hearing only deals with your driving privileges and whether or not they should be revoked (as is standard protocol). Attending a hearing can influence whether or not you have to deal with a driver's license suspension. Even if you your driver's license does end up being suspended, attending a DMV hearing can cut still down the length of the suspension.
You only have 10 days after your DUI arrest to schedule your DMV hearing. Call our firm now to consult with a Rancho Cucamonga and San Bernardino DUI attorney who can help!
Topics that are generally discussed include: was there reasonable cause that you were driving in direct violation of Vehicle Code Section 23140, 23152, or 23153? Were you lawfully arrested? Were you driving with a BAC level of 0.08% or more? Did you refuse to take blood or breath tests?
Many individuals find fault with the DMV's driver's license suspension proceedings, as "guilt is presumed and punishment is automatically imposed by a police officer" (who issues you a temporary driver's license that allows you to drive for a short duration of time, until your regular license is revoked). DMV hearings can be a tricky process and it is thus of vital importance that you have proper legal representation.
Contact our firm today to schedule your DMV hearing.