California Traffic Charge Defense Lawyer
Los Angeles, CA Traffic Charge Defense Attorney

California DMV Hearing

If you have been arrested for a DUI, you must request a DMV hearing within 10 days of the arrest. If you do not do so, your license will be automatically suspended or it will be revoked 30 days after your arrest.

The DMV proceeding is very different from the criminal courtroom proceeding. These hearings are much more informal, and 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 DMV hearings is a "preponderance" of the evidence, which is a much lower standard than what is used in criminal court.

DMV hearings can be very technical, and the chances of a person winning without legal help are very low. Unfortunately, the DMV does not care about your personal life, and 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, and 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 show that the suspension is not justified - rather, the DMV must show that the suspension is justified. 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.

Important Factors for the
California DUI Criminal Case
After the DMV hearing, the accused person must face the criminal proceeding. The Drunk Driving penalties in the state of California are set forth by statute and can be very complicated. The basic statute allows for a range of possible DUI sentences, but there may be modifications to the sentence based on the following factors:

Within the range that is set forth by statute, the sentence in a DUI case will be affected by such factors as:

It is important to note that the results of the breath, blood or urine test will be a factor in determining the charges that will be brought against you and the possible sentences. If you were driving with a blood-alcohol level of over .08%, then there has been a DUI offense. Please remember, however, that the DUI laws relate to the blood-alcohol level at the time of the driving, and not at the time of the test. This is a very important difference that may be used in your favor. It is also important to understand that the tests - particularly the breath tests -- are unreliable and therefore susceptible to attack by an experienced DUI attorney.

Contact an Experienced DUI Attorney
Experienced DUI lawyers know which arguments work and which ones don't. If your DUI attorney can get your charge reduced from a felony to a misdemeanor, it is considered a major win. In fact, he may be able to get your case dismissed, which is the ultimate goal.

If you have any questions or would like to speak directly with an experienced DUI attorney regarding your charge of driving under the influence, please do not hesitate to call the firm's Los Angeles, California office at 213-388-8824, or toll-free at 800-788-8557 for a FREE CONSULTATION. Mr. Rodriguez can be reached 24 hours a day, seven days a week. If you prefer, you may e-mail the firm and a knowledgeable criminal lawyer will be in touch with you as soon as possible.