California
DMV Hearing
Exercising
Your Rights
In
California, you have a right to a DMV hearing when you have been
arrested for driving under the influence (DUI). In order to restrict
your license, the DMV must prove that you were driving your car
with a .08 blood alcohol level or greater. In order to get a hearing,
you or your lawyer has to request one from the DMV within 10
calendar days of the arrest. The DMV
hearing usually happens within two months
from the day you request it. A telephone hearing will be conducted
unless you request an in-person hearing.
By
requesting a hearing you lose nothing and gain several benefits:
- Your
pink temporary license will
be extended
- If
you win, your license won’t be suspended
- You
may uncover evidence that will help in your California criminal
proceeding.
According
to the DMV's statistics for a recent year, 34% of all people who
were suspended for DUI at the time of their arrest kept their driver's
license by simply requesting a hearing to fight the suspension.
Your
Pink Temporary License
When
the police officer took away your California license, he
should have given you a pink temporary license. This temporary
license is good for thirty days following your arrest. If
you do nothing, the thirty-first day after your DUI arrest,
your license will be suspended for four
months. Once it is suspended, you cannot drive to work,
school, the grocery store, your child’s daycare, etc. |
What
is a DMV Hearing?
The
California DMV hearing is an administrative proceeding that deals
solely with your driving privileges, circumstances, and facts that
surround your California arrest. These hearings are much more informal.
They are run by a Driver Safety Office (DSO) Hearing Officer, who
is an employee of the Department of Motor Vehicles (this hearing
is not run by a lawyer or a judge). The standard of proof in California
DMV hearings is a "preponderance" of the evidence,
which is a much lower standard than what is used in criminal court.
The
goal of the lawyer in a DMV Hearing is to show that the
BAC (Blood Alcohol Concentration) level
was less than .08% at the time of your arrest. If the lawyer
is successful in convincing the hearing officer then the
suspension or revocation of your license will be set aside. |
DUI
Technicalities
DMV hearings can be very technical. The chances of
a defendant winning without legal help are very low. Unfortunately,
the DMV does not care about your personal life. It makes no difference
to them if you need to drive to work or school. Additionally, the
DMV will sometimes discourage individuals from seeking a hearing,
telling them that they "can't win". The documentation
that is given to a person who is arrested for DUI can be confusing.
It does not clearly explain that a hearing must be requested in
a very short period of time.
*
Contrary to what it says on the form, you do not have
to prove that the suspension is not justified. Rather,
it is the California DMV’s job to prove that the suspension is
justified.
Hearing
Issues |
Your
need to have a California driver’s license is not an issue
considered at the DMV hearing. The main purpose of the California
DMV hearing is to determine if your license should be suspended
or revoked based on following issues:
(1) If
you took a blood or breath test or (if applicable) a urine
test
-
Did the police officer have reasonable cause to believe
you were driving a motor vehicle in violation of Vehicle
Code Section 23140, 23152 or 23153?
- Were
you placed under lawful arrest?
- Were
you driving a motor vehicle when you had .08% or more
by weight of alcohol in your blood?
(2)
If you refused or failed to complete a breath or blood test,
or (if applicable) a urine test:
-
Did the police officer have reasonable cause to believe
you were driving a motor vehicle in violation of
Vehicle Code Section 23140, 23152 or 23153?
- Were
you placed under lawful arrest?
- Were
you told that if you refused to submit or failed to
complete a test of your blood, breath, or (when
applicable) urine, your driving privilege would be
suspended for one year or revoked for two or three years?
- Did
you refuse to submit to or fail to complete a blood
or breath test, or (if applicable) a urine test after
being requested to do so by a police officer?
|
How
Long Will My California License Be Suspended? |
(1)
If you took a blood test or breath test, or (if applicable)
a urine test, and the results showed .08% or more:
• 1st Offense: Suspended 4
months
• One or more separate offense(s) in
10 years: Suspended 1 year
(2)
If you refused or failed to complete
a blood or breath test, or (if applicable) a urine
test:
• 1st Offense: Suspended
1 year
• 2nd Offense in 10 years: Revoked
2 years
• Three or more offenses
in 10 years: Revoked 3 years
|
Keep
Your California Driver’s License
Your Attorney Can Help
At
Stephen G. Rodriquez & Associates, we use a number of
strategies to help our clients keep their driving privileges: |
(1)
We carefully scrutinize the police report from your DUI
arrest
If
your arresting police officer didn’t properly complete all
crucial portions of the police report or accurately sign
certain documents it may be all we need to win your hearing.
Most DUI police reports are filled out late at night when
the officers are tired. It is easy to make a mistake.
(2)
We make sure that the officer followed Title 17 regulations2.
We make sure that the officer followed Title 17 regulations
Title
17 lays out the exact steps a police officer must follow
regarding blood, breath, and urine tests during a California
DUI arrest. If the officer who arrested you did not follow
the regulations, we may be able to get your results thrown
out.
(3)
We can use a forensic alcohol expert (or forensic chemist)
to challenge the evidence
Using
a forensic alcohol expert to review all the evidence and
having him or her participate in the hearing is very helpful
in trying to convince the hearing officer that your blood
alcohol concentration (BAC) was below 0.08% at the time
you were driving.
(4)
We help you obtain a provisional license while you await
trial
In
addition, to representing you during the DMV hearing, we
will also represent you before the DMV to help you obtain
a provisional California driver's license while you await
trial. Sometimes it is possible to drop your DUI or DWI
charge to a lesser offense that will allow you to preserve
your California driving privileges as well. |
If you have any questions
or would like additional information regarding your California DUI,
please do not hesitate to contact us for a FREE CONSULTATION.
Law
Offices of Stephen G. Rodriguez
633
West 5th Street
26th Floor
Los Angeles, California 90071
Telephone
1(213) 223-2173
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