fighting california dmv license suspension for dui

a good dmv lawyer can fight your license suspension

CALIFORNIA DMV recently released statistics revealing that 34% of all suspended drivers' licenses resulting from DUI charges were reinstated when challenged in an "Admin per Se" DMV Hearing. When San Diego Driver's license suspensions were challenged by qualified DUI attorneys, reinstatement ratios for San Diego DUI related restrictions increased up to 70%.

YOU MUST REQUEST THE DRIVERS LICENSE HEARING WITH THE DMV WITHIN TEN DAYS OF YOUR DUI ARREST OR YOUR LICENSE WILL BE AUTOMATICALLY SUSPENDED

10 day dmv admin per se hearings

When a drunk driving arrest is made in California, typically a pink notice of suspension and a temporary driver's license ( DMV Form DS-367 ) are issued to the arrestee upon release from custody. Attending to a San Diego driver's license suspension is a separate matter from addressing the courts on criminal drunk driving charges. Chances of retaining driving privileges are significantly higher if you are represented by a DUI attorney who is skilled in administering the DMV Hearing process and familiar with the unique propensities of the DMV Officials presiding over your case. It is critical that you request a DMV Hearing within ten days of your arrest, or retain legal counsel to administer this contact for you.

burden of proof

The fact is the DMV bears the burden of proof that your driver's license suspension is justified. Be aware that unlike hearings in the criminal justice courts, if you neglect to retain an attorney to defend your right to drive, you will not be assigned a Public Defender or an advocate for the DMV Hearing. In that case you would be at the mercy of DMV Officials. It is, of course their intention to take punitive and regulatory action against you which has resulted in San Diego driver's license suspensions for many undefended drivers.

what is a dmv admin per se hearing

In California, the Admin per Se hearing is a proceeding that you MUST REQUEST within ten days of your drunk driving arrest to challenge the otherwise automatic suspension of your drivers license. It is a Civil hearing held at San Diego's DMV Driver Safety Office to examine the evidence against you and determine whether your arrest was lawful. It is a separate, additional hearing to your criminal court case. An arrest for DUI in San Diego actually generates two cases; one with the California where your attendance at the Admin per Se hearing is optional, and one in Criminal court where your attendance is mandatory.

Again, the administrative "admin per se" proceeding will not be held without a formal California DMV 10 day Hearing request submitted to the DMV in writing by you or your DUI lawyer within ten days of your DUI arrest.

DMV HEARING OBJECTIVES

If a complete dismissal of your case cannot be achieved, the objective will be to greatly reduce the charges against you and to minimize the damages of your DUI arrest and/or San Diego Driver's License suspension. In some cases, complicated by enhancements and previous DUI convictions, it may be that the best DMV resolution for your particular case is a restricted driver's license or a shorter license revocation period. A San Diego driver's license suspension will obviously profoundly affect every area of your life; and all efforts must be made to avoid such a loss.

dmv hearing request benefits

A DMV Hearing request will effect an extension of the 30-day temporary San Diego driver's license that was issued ( the pink slip given to you when you were released from custody, IF your drivers license was valid when you were arrested on DUI, and was not suspended for some other reason ). The term for extended driving privileges can be up to several months, until your case can be heard. If you have been arrested and charged with drunk driving, and face a potential San Diego driver's license suspension, you have everything to gain by exercising your right to the DMV Hearing, especially when you have a skilled DMV - DUI attorney acting on your behalf.

In addition, if you request and attend a hearing to challenge loss of your license, and the DMV rules against you, you can appeal the DMV official's decision by exercising your Federal and State constitutional rights to due process.

the dmv hearing is different from the criminal court case

Contrary to the criminal DUI charges you face in court, the DMV does not presume nor determine your innocence or guilt of driving under the influence, but at your hearing, the circumstances involved in your arrest will be considered in determining the outcome of your case. Factors that influence whether your drivers license will be suspended or revoked are whether you submitted to or refused a chemical test, if your arrest was lawful ( ie, the police can prove there was probable cause to stop you, you were advised of your Miranda rights, etc. ), whether you were at or above the legal limit of .08% BAC, and more. The DMV Hearing is not a mandatory proceeding, and is only granted upon request by you or your attorney, and is independent of your criminal court case.

If your license suspension is sustained at your DMV Hearing, but you are later acquitted of DUI in your criminal court case and found "not guilty", the California DMV will reverse the revocation or suspension of your driving privileges. If your charges are merely plea bargained and reduced from DUI to wet reckless or reckless driving, your driving privileges will not be reinstated as a result.

Any driver with a second DUI offense within 10 years may submit proof of enrollment in a DUI treatment program, proof of financial responsibility and pay a $100.00 reissue fee one year after the effective date of the suspension to drive to and from an alcohol program and to, from, and during work.

Any driver with a third or subsequent DUI offense within 10 years is not entitled to apply for any type of restricted license.

blood alcohol limits

In California, it is illegal for a person to operate:

a) a motor vehicle with a BAC of .08% or higher.

b) any vehicle requiring a commercial drivers license, regardless of
whether the driver is commercially licensed at the time of the traffic stop,
with a Blood Alcohol Content of .04% or above.

c) a motor vehicle with a Blood Alcohol Content of .01% or above,
if the driver is under 21 years of age under California's Zero Tolerance laws.

d) a motor vehicle with any detection of alcohol if the driver is under 18 years old.

The above laws ALSO apply to any type of vessel, water ski apparatus, aquaplane, or similar device or "vehicle". San Diego harbor Patrol routinely arrests boaters in San Diego for BUI, or Boating Under the Influence. An Under the Influence for Boating, Flying, Bicycling, or any other mode of transport will affect your driving record and drivers license with the California DMV and National Drivers Register. You will be sentenced and penalized accordingly.

how to win a dmv license suspension hearing

• Officer did not have probable cause to stop defendant
• The defendant was denied the right to call an attorney AFTER complying with the chemical test
• The Officer failed to explain California's implied consent law to the defendant
• The officer did not appear at the hearing, and did not provide "witness" or testify
• The administrative forms were not dated by the arresting police officer
• The police officer made the traffic stop and arrest outside of his jurisdiction, which was unlawful
• Administration of the chemical test was not timed properly
• The defendant was not allowed to obtain an independent chemical test by a third party
• The officer failed to issue the defendant a temporary drivers license
• The breath test equipment operator was not certified
• The defendant was not proven to be driving
• A chemical test refusal was alleged, but not understood or possible due to a medical condition
• Officer's police report on the arrest was not sworn