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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.

Any new laws provide for a way to get a drivers license back sooner than later?

Yes, effective July 1, 2010, if you have been convicted for DUI in Los Angeles, you may qualify to get your license back sooner than later.

SB 598, as amended, Huff. Vehicles: driving under the influence
(DUI).
(1) Existing law requires a person's privilege to operate a motor
vehicle to be suspended or revoked for a specified period of time if
the person has been convicted of violating specified provisions
prohibiting driving a motor vehicle while under the influence of an
alcoholic beverage or drug, or the combined influence of an alcoholic
beverage and drug, or with 0.08% or more, by weight, of alcohol in
his or her blood, or who is addicted to the use of any drug. Existing
law authorizes a person whose privilege is suspended or revoked in
that manner to receive a restricted driver's license if specified
requirements are met, including, in some instances, the installation
of a certified ignition interlock device on the person's vehicle.
Existing law requires that a person, convicted of driving under
the influence, without bodily injury to another, within 10 years of
being convicted of a separate violation of one of specified
driving-under-the-influence offenses, be punished by his or her
driving privilege being suspended for 2 years. The Department of
Motor Vehicles is required to advise the person that he or she may
apply for a restricted driver's license after completion of 12 months
of the suspension period, which may include credit for a specified
concurrent suspension, subject to certain conditions, including,
among other things, submitting proof of installation of a certified
ignition interlock device, agreeing to maintain the ignition
interlock device, and paying certain fees, including, but not limited
to, all administrative fees or reissue fees.
This bill would instead require the department to advise a person,
who was only under the influence of an alcoholic beverage at the
time of the violation, that he or she may apply for a restricted
driver's license after completion of 90 days of the suspension
period, under certain circumstances
.
(2) Existing law requires that a person convicted of driving under
the influence, without bodily injury to another, within 10 years of
being convicted of 2 separate violations of specified
driving-under-the-influence offenses, be punished by his or her
driving privilege being revoked for 3 years. The department is
required to advise the person that he or she may apply for a
restricted driver's license after completion of 12 months of the
revocation period, which may include credit for a specified
concurrent suspension, subject to certain conditions, including,
among other things, satisfactory completion of 12 months of an
18-month or 30-month driving-under-the-influence program, submitting
proof of installation of a certified ignition interlock device,
agreeing to maintain the ignition interlock device, and paying
certain fees.
This bill would instead require the department to advise a person,
who was found to be only under the influence of an alcoholic
beverage at the time of the violation, of his or her ability to apply
for a restricted driver's license after completion of 6 months of
the revocation period, subject to certain conditions
, including that
if the person is convicted of a specified offense that person
subsequently satisfactorily provides proof of enrollment in an
18-month or 30-month driving-under-the-influence program, as
prescribed. The bill would require the person to pay a fee sufficient
to cover the costs of administration, as determined by the
department.
(3) This bill would require that a person convicted of driving
under the influence of any drug or the combined influence of any drug
and an alcoholic beverage, without bodily injury to another, within
10 years of being convicted of a separate violation of one of the
specified driving-under-the-influence offenses, be punished by his or
her driving privilege being revoked for 2 years. This bill would
authorize the department to reinstate the privilege provided certain
conditions are met. This bill would require the department to advise
the person that he or she may apply for a restricted driver's license
after completion of 12 months of the suspended period, subject to
certain conditions including, among other things, that the person
provides proof of enrollment in an 18-month or 30-month
driving-under-the-influence program, as prescribed.
(4) This bill would also require a person convicted of driving
under the influence of any drug or the combined influence of any drug
and an alcoholic beverage, without bodily injury to another, within
10 years of being convicted of 2 separate violations of specified
driving-under-the-influence offenses, be punished by his or her
driving privilege being revoked for 3 years. This bill would
authorize the department to reinstate the privilege provided certain
conditions are met. This bill would require the department to advise
the person that he or she may apply for a restricted driver's license
after completion of 12 months of the suspended period, subject to
certain conditions, including, among other things, that the person
has satisfactorily completed the initial 12 months of an 18-month or
30-month driving-under-the-influence program as prescribed.
(5) This bill would make other conforming changes.
(6) This bill would become operative on July 1, 2010.

I have a prior DUI offense, and I don't understand what this SB 598 is all about, what does this all mean?

This new law provides that a person convicted of a second or third time DUI may be eligible to get his or her license back sooner if a certified ignition interlock devide device is installed a fee is paid to cover the cost of the adminstration.

On a second time DUI offense, DMV is to notify the person thay they can apply for a restricted after 90 days of suspension.

On a third time offense, the DMV is to notify the person that a person can apply for a restricted license after six months of suspension. The only restriction on his or her license shall be the requirement to install the ignition interlock devide, pay an adminstrative fee and attend the DUI classes required by DMV.

When does SB 598 take effect?

July 1, 2010.

I resolved my DUI case prior to July 1, 2010, can I be eligible?

It appears so.

Can I retain your office to represent me?

Yes. Call our office today at (866) 548-2529. We can help you.