DMV California DUI

In California, a DUI arrest triggers two separate cases—one administrative and one criminal. The Department of Motor Vehicles handles the administrative case, while the court system handles the criminal side. Even if a driver is not found guilty in criminal court, he or she can face administrative penalties by the DMV.

Following a DUI arrest, you have 10 days to request a hearing regarding your license. If you do not request a hearing during this time, your driver’s license will automatically be suspended or revoked on the 30th day after your arrest.

It is important to note that your license may be suspended whether you fail a chemical test or refuse to take one altogether. Each of these situations has separate issues as it pertains to the DMV hearing.

If the driver did take the chemical test and fail, your attorney may argue that the officer did not have probable cause to believe that you were operating your vehicle under the influence of alcohol and/or drugs. If there was no probable cause, your attorney may also argue that your arrest was unlawful. Your attorney will also evaluate your test results to determine if they were affected by external factors, such as the machine’s calibration or the administration of the test.

In cases involving a chemical test refusal, several of the above issues may be introduced. Was there probable cause? Was the arrest lawful? Because refusing to take a breath test is in violation of California’s Implied Consent laws, did the officer fully explain the ramifications of not submitting to the test? If the officer did not inform you of the penalties associated with refusing the breath test, it may help you during your DMV hearing.

A professional San Diego DUI lawyer can assist you with your DMV California DUI hearing. A attorney is familiar with the common DMV hearing defense strategies and will make sure that your hearing request is filed in a timely manner. A dedicated attorney knows how important it is for a client to drive, and he or she will fight hard so you can retain your driving privileges.

For a DUI case evaluation, contact a San Diego DUI lawyer today!