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DMV Hearing Representation

Providing Top-Notch Legal Support in California

After you are arrested for DUI, you may be facing a suspension of your license as one of the many consequences. There is a hearing conducted by the Department of Motor Vehicles (DMV) Driver Safety Office after a DUI defendant or his attorney have requested to challenge the proposed suspension of the motorist's license.

At this hearing, in order to proceed with a suspension, the DMV must prove a variety of different elements. It is very important that you have a criminal defense attorney present at the hearing, representing your rights and best interest.

The elements which must be proven by the DMV include:

  • First, that the motorist was driving.
  • Second, the police officer had reasonable suspicion to stop the motorist's vehicle.
  • Third, that the motorist was driving with a .08% BAC or higher.

What if There Are Other Circumstances Involved?

If a refusal of the chemical test is alleged, the DMV must also demonstrate that the motorist issued a chemical test refusal. If the DMV prevails, the motorists license is suspended for 30 days, followed by a 120-day restricted period wherein you may drive to, from, and during work, and to and from your alcohol program (provided you fulfill restricted license reinstatement protocol).

It is vital that you retain the services of a competent DUI attorney to represent you so that you are not left to drive only on a restricted basis.

What if I Have Been Charged with DUI in the Past?

The above facts assume that you have been charged or arrested for first offense DUI. A subsequent offense for DUI will warrant a one-year suspension. Your DUI attorney may subpoena all documents related to breath and blood testing equipment and may subpoena the officer and/or other witnesses to testify. The motorist or his lawyer must request an administrative per se hearing to challenge the suspension of the license within 10 days of the arrest. Failure to do so will result in an automatic suspension as well as forfeiture of the right to challenge the motorists drivers license suspension.

Would you like to speak with a knowledgeable member of our team during a free case consultation? Call our office 24/7 at (626) 827-7222.

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