You win a DMV hearing in California by hiring an experienced DUI defense lawyer to request your hearing and represent you.
The California Department of Motor Vehicles (DMV) can automatically suspend your license after an arrest for driving under the influence (DUI). However, you can request a hearing to prevent the suspension of your driving privileges.
Winning a DMV hearing requires you to demonstrate a lack of cause for a DUI charge. A Los Angeles DUI lawyer can help you successfully navigate this administrative hearing.
Contact us to get connected with an attorney who can explain how to win a DMV hearing in California and represent you during all legal proceedings.
Why do You Need to Worry About a DMV Hearing?
As mentioned above, if you’ve been arrested for impaired driving, you need to schedule a DMV administrative hearing because the DMV can suspend your driving privileges if you don’t. This suspension can happen before you’ve even had your day in court. We call this an “admin per se” license suspension or administrative suspension.
Administrative suspension goes into effect automatically just 30 days after your arrest. Fortunately, you can request a hearing and work with a defense attorney to protect your license. A lawyer can explain how to win a DMV hearing in California.
How Long do You Have to Request a Hearing?
You can fight license suspension by requesting an administrative hearing within 10 days of your DUI arrest. Therefore, you have limited time to set up and prepare for this administrative review. Contacting a defense lawyer right away can help you stay on track.
How Can You Win a DMV Hearing in California?
You can win your DMV hearing by convincing a DMV hearing officer that there aren’t solid grounds for you to face a DUI charge. If you successfully make your case, they will drop the suspension and wait for the courts to make a decision about your criminal charges.
The hearing officer will consider factors like:
- Did the police officer have probable cause to suspect you of DUI?
- Was the arrest done lawfully?
- If you took a chemical test: Were you driving with a blood alcohol concentration (BAC) of 0.08% or more?
- If you refused the test: Did the police officer warn you that refusing it would result in a suspended license, and did you refuse it willfully?
To win your hearing, you must present strong arguments against one or more of these points, with as much evidence as possible. You are allowed to:
- Have your DUI lawyer represent you at the hearing
- Have the hearing held in person rather than over the phone
- Subpoena the arresting officer or other witnesses and cross-examine them
The professionals recommend that you take advantage of all three options to increase reasonable doubt about your arrest and the charges you face. Understanding the DMV hearing after a DUI can help you feel more confident about winning.
Seven Strategies that Can Win a DMV Hearing
Based on the above factors, there are a wide variety of defenses that can win a DMV hearing in California. A good DUI lawyer will know all of them and choose the strongest ones for your specific case. Seven of the most effective arguments include showing:
A Lack of Probable Cause
Police officers cannot pull over a car without reason, nor can they pull you over based purely on your race, which is known as racial profiling. If the police stopped you without probable cause, there’s a solid chance to protect your license.
The Officer Failed to Follow an Observation Period
Before administering a breath test, the police must observe you for 15 minutes. This observation period is to ensure that you do not burp, vomit, eat, or drink anything before the test. The test results may not be accurate if the police fail to observe you properly.
A DUI Checkpoint Ignored Proper Legal Procedures
It is legal for police to hold DUI checkpoints or “roadblocks,” but they must follow strict legal procedures. They must:
- Alert the public to the roadblock in advance
- Screen cars on a random basis
- Have supervisors on hand to monitor the process
- Follow other rules
A lawyer may demonstrate to the hearing officer that officers failed to uphold these standards. Reach out to an attorney today to learn more about how to win a California DMV hearing.
You Weren’t Driving
If you didn’t actually drive your car, then you are not guilty of DUI and should not lose your driving privileges. A criminal defense attorney can gather evidence to prove to the courts that you were not operating the vehicle before your arrest.
Your Blood Alcohol Concentration (BAC) Test Gave False Results
Blood or breath tests administered by police officers can be thrown off by many factors such as mouth alcohol, rising blood alcohol content, your diet, and even medical conditions, falsely making it seem you’re over the legal limit and resulting in a drunk driving arrest.
The Test Equipment Malfunctioned
Breath test equipment must be maintained and calibrated regularly. Your lawyer can pull the calibration record for your breath test device. If it wasn’t calibrated or there’s evidence of a malfunction, the results may not be valid.
A Police Officer Failed to Provide You With Relevant Information
Police officers are supposed to advise you of the consequences of refusing a chemical test when they first ask you to take it. If not, the refusal may not count against you, influencing the DMV hearing decision.
What’s the Value of Winning a DUI Hearing?
Winning your DMV hearing gives you two significant advantages:
- Your license suspension will pause until the hearing date, which is often months away, so you can continue operating your vehicle as usual.
- If you make a strong case at the hearing, you may get the administrative suspension dropped altogether. That means you get to keep your driver’s license until and unless the court convicts you of a DUI.
You want to win your California DMV hearing if at all possible. To do that, you need to know what the hearing officer is looking for and what kinds of evidence will help you win by meeting the burden of proof beyond a reasonable doubt.
How an Attorney Can Help You After a Drunk Driving Arrest
If you’ve been arrested for driving under the influence of alcohol, a lawyer can:
- Advise you on how to get a temporary license
- Provide information on facing DUI charges as a commercial driver
- Investigate your arrest by reviewing police reports, breath sample results, and other important pieces of evidence
- Analyze field sobriety test results, review blood test results, and argue that you were under the allowable limit of alcohol at the time of your arrest
- Work with a forensic alcohol expert to strengthen your case
- Address any traffic violations or infractions you’ve been charged with in addition to the DUI
- Communicate with law enforcement officers, prosecutors, hearing officers, and other involved parties on your behalf
- Challenge whether police had reasonable suspicion to pull you over and test you for intoxication
- Represent you during in-person hearings and court dates
- Fight for a positive outcome, which may include reduced sentencing or dropped charges
No matter how serious your charges are, your lawyer will work tirelessly toward a positive hearing outcome and a favorable outcome for your entire defense case. Reach out to a Los Angeles DUI lawyer today to get help with making a hearing request and learn more about what it takes to win a DMV hearing in California.
Penalties You Could Face Without an Attorney
The days and weeks following a DUI arrest can be a nerve-wracking time. After all, you’re facing serious consequences that could impact your employment, reputation, and freedom. Luckily, a skilled attorney can advise you on how to win a California DMV hearing and protect you from unwanted penalties.
Your attorney will work hard to help you avoid the following consequences of a DUI conviction:
- Installation of an ignition interlock device (IID) in your vehicle
- Suspension of your driver’s license
- A mark on your driving record
- Jail time
- Fines and court fees
As you can see, the penalties that can come with a DUI conviction are serious and life-altering. To avoid the worst consequences and win your California DMV hearing, you’ll want to enlist the services of an experienced lawyer.
With a dedicated attorney on your team, you’ll have an excellent chance of keeping your license and avoiding these harsh penalties.
What to Do After a DUI Arrest in California
While focusing on winning your California DMV hearing is important after a DUI arrest, there are several other steps you’ll want to take to protect your rights and permanent record. Here’s what you should do after an impaired driving arrest:
Protect Your Rights Immediately
After a DUI arrest in California, it’s crucial to stay calm and protect your legal rights from the start. Make sure to comply with law enforcement during your traffic stop and arrest, but remember that you have the right to remain silent. Beyond providing your identification, you don’t have to answer questions without an attorney present.
Notify law enforcement that you won’t answer questions until you have a lawyer. You should also avoid discussing your case with anyone, including friends or on social media, as those conversations could later be used against you.
You should also take time to document everything you remember about the arrest, including the time, location, and behavior of the officers involved. Your lawyer can use these details later to win your California DMV hearing and build a strong defense case.
Act Quickly to Preserve Your Driving Privileges
As mentioned earlier, one of the most important steps you can take after a DUI arrest is to handle your driver’s license situation. In California, you typically have just 10 days to request a DMV hearing to challenge the automatic suspension of your license. Missing this deadline means your suspension goes into effect without a chance to fight it.
During this time, you should also carefully review your citation and paperwork to fully understand the charges you’re facing. Following all instructions regarding bail and court appearances is equally important, as failing to show up for any scheduled date could lead to additional penalties. A lawyer can help you manage all these aspects of your case.
Prepare for Court and Strengthen Your Case
While your lawyer will be in charge of winning your California DMV hearing and building a defense case to combat your charges, there are steps you can take to strengthen your case.
You can write down all the details you remember from your arrest, including any potential inaccuracies or procedural mistakes made by law enforcement.
Keeping a written record of the events that occurred during and after your arrest can help your case later on. Give everything you’ve written down to your lawyer, and they can use the information you provide to formulate a compelling defense strategy.
Work With an Experienced DUI Attorney
Perhaps the most important step you can take after an arrest is to hire an experienced DUI attorney. A skilled lawyer understands California’s DUI laws and can help protect your rights, challenge the evidence against you, and work toward the best possible outcome.
An attorney can also represent you at the DMV hearing and help you navigate the court process, ensuring you meet all deadlines and legal requirements.
Get in touch with a trusted DUI defense lawyer soon to learn more about winning a DMV hearing in California and find out how to protect yourself from a DUI conviction.
Get Connected With a Trusted DUI Defense Lawyer
If you’ve been charged with an impaired driving offense, you’re probably worried about the consequences you could face if convicted. The good news is that hiring an attorney can help you avoid harsh penalties, like imprisonment and expensive fines. At Los Angeles DUI Lawyer, we can connect you with an attorney who can protect your rights and future.
Contact us today to get the resources and information you need to fight your charges and keep your license. A dedicated DUI defense lawyer can advise you on how to win a DMV hearing in California and represent you during all legal proceedings.
