DMV HEARING FOR DUI CASES
Ten days to request a DMV hearing:
You have only 10 days from the date of your DUI arrest to request a DMV Hearing. You waive your right to a hearing if you do not comply with the time limits. If you do not take action, your license will be automatically suspended by the Department of Motor Vehicles.
Most people get confused with the pink temporary license and think they have 30 days to make a request. That is not correct. The pink paper allows you to drive 30 days only. Your failure to comply with the 10 days time limit will result in a suspension of your license. If you drive while your license is suspended as a result of a DUI, you may face jail time.
What are the issues at a DMV Hearing?
The following issues will be discussed :
1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of 23140, 23152 or 23153?
2. Was the respondent placed under lawful arrest?
3. Was respondent driving a motor vehicle when he or she had .08% or more by weight of alcohol in his or her blood?
If you refused or failed to complete a blood, breath test, (or if applicable a urine test if the officer believes you were under the influence of drugs.) The issues are:
Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152, or 23153?
Was respondent placed under lawful arrest?
Was respondent told that if he or she refused to submit to or failed to complete a test of your blood, breath or (if applicable urine) test, your driving privilege would be suspended for one year or revoked for two or three years?
Did respondent refuse to submit to or failed to complete a blood or breth test, (or if appliable a urine test) after being requested to do so by a peace officer?
How do I get my Drivers License back?
You are eligible to get your license back at the end of the suspension or revocation provided you pay a $125.00 reissue feeto the DMV and you file proof of financial responsibility known as a SR 22. The resissue fee is $100.00 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code seciion 23136, 13353.1, 13388, 13392. If you win your DMV hearing, there is no reissue fee.
How long will the DMV suspend my license?For a first offense DUI, your California Drivers license will be suspended for 4 months by the DMV.
You can apply for a restricted license after serving a 30 days suspension by filing proof of enrollment in a AB 541 school or other DMV approved school program, filing of a SR 22, and a $125.00 reissue fee.
If you are under 21 years of age, took a chemical test or a preliminary alcohol screening test and the resuls showed 0.01% BAC or greater, your driving privelege will be suspended for 1 year.
What if I am accused of Refusing to submit to a chemical test?
If it is alcohol related investigation by the police office, you are required to submit to a blood or breath test. Urine tests used to be available but they were determined not to be as reliable a chemical test.
In January of 1999, the urine test no longer became an option. The exception to this is if the offier believe you were under of the influence of drugs or a combination of drugs and alcohol or the blood or breath tests are not available or you are a hemophiliac or you are taking an anticoagulant medication in conjuction with a heart condition.
The punishment for a finding that you refused a chemical test is a one year suspension for a first offense.
A second offense within 10 years will result in a 2 year revocation.
A third or subsequent offense within 10 years will result in a 3 year revocation.
Are there defenses to a Refusal allegation by the DMV?
Yes. Our office have won many refusal hearings. Call our office for a free consultation.
What if this I am arrested for my 2nd DUI?
If you have a second DUI within 10 years, you face a one year suspension. Like a first time DUI, there are defenses that may be applicable to your case.
What are the consequences for a 3rd time DUI?
The punishment is a three year revocation of your drivers license. You are entitled to contest this at a DMV hearing.What if I have too many traffic tickets?
If you have a lot of traffic tickets, you could be facing a negligent operator hearing. Most moving violations accumate one point. Others such as reckless driving, DUI, etc., accumulate two points.If you have four points in a 12 month period you will be considered a negligent driver and you may lose your privilege to operate a motor vehicle.
If you accumulate 6 points in 24 months or 8 points in 36 points, you will be considered a negligent driver.
The DMV is required to take into consideration the amount of driving the person does. We are very knowledgable about defending clients situations and can help you.
Can the DMV take my license away for medical reasons?
Yes. Medical doctors and police officers who suspect a person should be evaulated for medical reasons will cause the DMV to hold hearings to examine the fitness of a person to safely operate a motor vehicle. Those who have severe dementia, alzheimer's, seizures, diabetes mellitus can face license revocations. Lapses of Consiousness disorders may result from different medical reasons. Epilepsy is the most common disorder people have. The DMV has several options in dealing with situations like these. It can take no action. It can put the person on medical probation Type ll, medical probation type lll, suspend his or her license, or revoke his or her license. Medical probation ll is for drivers who have been able to achive three to five months of control of their medical problem. Medical probation lll is for drivers who have a possibility of having another seizure but at the same time have successfully had six or more months of control.Can I get a free consultation?
Yes. Call our office today at (866) 548-2529 to get a free consultation. We can help you.