Understanding the DMV hearing after receiving a DUI in California can help you protect your best interests throughout the legal process. One of the most important things to know about DUI hearings is that the DMV can suspend your driver’s license even if you aren’t convicted.
Fortunately, a Los Angeles DUI lawyer can represent you during hearings and other legal proceedings. A skilled lawyer can provide the guidance you need to protect your license and avoid the damaging consequences of an impaired driving conviction.
Requesting a DMV Hearing After Receiving a DUI
The California Department of Motor Vehicles can suspend your driver’s license for a number of DUI-related offenses, even if you are not actually convicted. The good news is that you can fight license suspension by requesting a hearing from the DMV. Your license could be at risk of suspension if one of the following statements applies to your situation:
- You were detained or arrested on the suspicion that you were driving while impaired by drugs or alcohol
- You were detained or arrested and took a breathalyzer test that showed a blood alcohol concentration (BAC) of .08% or more
- You were arrested for DUI and refused to take the breathalyzer test
- You were arrested for an underage DUI
- You are on DUI probation and had a BAC of .01% or more
- You are a commercial driver and had a BAC of .04% or more
If one of these statements is true for your situation, you’ll want to hire a skilled attorney and request a DMV hearing. A lawyer can help you understand the DMV hearing process after receiving a DUI and advocate on your behalf during all legal proceedings, working tirelessly to get a fair outcome.
It’s important to note that your lawyer should request an in-person hearing, not one over the phone. This will make it easy for your attorney to present evidence, cross-examine the arresting officer, and argue your case.
Can I Avoid a DMV Hearing if I Refuse a Breathalyzer Test?
The state of California has a law known as “implied consent.” This means that you agree in advance to take a breath, blood, or urine test if ever arrested for DUI. Your driving privileges are directly tied to this agreement, which is why your license can be suspended for refusal.
Whether you took a BAC test or refused, you’ll likely still have to face legal proceedings and charges. Fortunately, an attorney can help you navigate hearings and ensure your rights are protected throughout the process.
Is It Worth it to Request a DMV Hearing After Receiving a DUI?
Even if you don’t fully understand the DMV hearing after receiving a DUI, it’s in your best interest to hire a lawyer and request a hearing. A hearing can give you a number of advantages that will make your life much easier in the long run. Here are several of the advantages of requesting a DMV hearing:
- If your hearing goes well, you may be able to keep your license while you fight your DUI
- If the hearing is scheduled several months out, you can request that your license not be suspended until that time
- The hearing acts as a “mini-trial” where your lawyer can cross-examine the arresting officer and find holes in their testimony, which can help you win your case if it goes to trial
What Does the DMV Look for in the Hearing?
The DMV hearing is often called the admin per se (APS) hearing. It is a short meeting with a DMV officer, and it is an administrative proceeding, not part of the criminal court system. Therefore, the standard of evidence is low, meaning the officer only has to see a “preponderance of the evidence” to decide your case.
In this situation, the officer acts as the “judge” and will hear your case before deciding whether to go ahead with the license suspension. The DMV officer is looking for you to address specific issues, but the issues depend on whether your suspension involves the actual DUI charge or refusing the test.
If your suspension is for DUI alone, the officer will look for the following issues when making a decision:
- Was the traffic stop legal, and did the officer have a valid reason for approaching you in the first place?
- Did the officer have probable cause to believe you drove under the influence and to arrest you?
- If you were tested for alcohol, was your BAC .08% or more?
If your license suspension involves refusing the blood, breath, or urine test, key issues also include the following:
- Did the officer advise you, in compliance with the law, of the penalties for refusing to submit to the test?
- Did you, in fact, refuse the test or fail to complete it?
As you can see, understanding the DMV hearing after receiving a DUI can be complicated. Luckily, an experienced DUI defense lawyer can provide the information and legal guidance you need to understand your case. With their help, you’ll be able to make the most of your hearing and mount a strong defense against the charges you’re facing.
What Are the Chances That I’ll Be Able To Keep My License?
Whether or not you’re able to keep your license depends on the specifics of your case. Although many DUI suspects do win their DMV hearing and get their license suspension overturned, there are many factors that could result in suspension.
You should never decide your case is hopeless, as many people end up winning the hearing even if there is strong evidence against them. Your best course of action is to fully understand the DMV hearing process after receiving a DUI and hire a knowledgeable lawyer. An attorney can build a strong legal strategy and protect you from unwanted outcomes.
Common strategies used to win the hearing include the following arguments:
- The arresting officer had no probable cause for a DUI arrest
- The officer should not have stopped you in the first place
- You were not driving the car
- Police violated procedures around BAC testing or didn’t inform you of the penalties for refusal
- There were issues with the BAC tests
Although winning your DMV hearing does not directly help you beat your DUI charge, it can make a difference. If you overcome the refusal charge or the DUI evidence in the hearing, the prosecutor may worry that they don’t have enough evidence to convict you in court, leading them to offer a much more generous deal.
How Soon Will My License Be Suspended?
If you are convicted of DUI, your license suspension will go into effect after your sentencing. In most cases, however, the DMV takes action long before this. The typical procedure is that, during your arrest, police will confiscate your driver’s license and give you a sheet of paper that serves as a temporary license.
Then, authorities will inform you that your license is being referred to the DMV and that the DMV will suspend it unless you request a hearing. The procedure is slightly different for an out-of-state license, but the timelines are the same. Once your license is referred to the DMV, you’ll have the two following timelines:
- 30 days until your license is suspended
- 10 days to request a hearing
If you don’t request a hearing within the 10-day period, you will automatically lose your license after 30 days. This suspension will last 4 months for a first DUI but much longer if you are under 21 or have previous DUIs on your record. Hiring an attorney and fully understanding the hearing after receiving a DUI can help you abide by these timelines and protect your license.
Other Steps a Lawyer Can Take To Help You After a DUI
In addition to helping you understand the DMV hearing after receiving a DUI, a lawyer can take a number of actions to protect you from an impaired driving conviction. Here’s what an attorney can do to help you avoid fines, license suspension, and even imprisonment:
- Investigate your DUI incident and gather important evidence
- Review dashboard camera footage and other forms of evidence
- Interview eye-witnesses
- Construct a strong defense case on your behalf
- Negotiate a plea bargain with prosecutors
- Represent you during hearings
- Present evidence-based arguments during your trial
- Fight to get your charges reduced or dropped
- Answer any questions you have about your hearing or your case in general
A Lawyer Can Help You Understand the DMV Hearing After Receiving a DUI
If you’ve been arrested for impaired driving, you’re probably nervous about your future and unsure what to do next. Working with a skilled legal advocate can give you the information you need to handle your case and get the best results possible.
The importance of understanding the DMV hearing after receiving a DUI can’t be understated. Contact a Los Angeles DUI lawyer today to schedule a free consultation and learn more about the hearing process and charges you’re facing. We’ll provide the guidance you need to fight your charges and protect yourself from a life-altering conviction.
