What to Expect at a DMV Hearing After a DUI
After a DUI arrest, your driver’s license will be automatically suspended. The police officer who pulls you over will confiscate your driver’s license and issue you a temporary one along with an Order of Suspension. The temporary license is valid for 30 days and after that time, your license will be suspended for four months. However, you do have options available to save your license:
- You can request a DMV hearing to reinstate your license. However, you only have ten (10) days to make this request. The ten-day deadline is strictly enforced in California. If you miss it, you automatically lose the right to challenge the suspension.
DMV hearings are different from criminal proceedings. Still, many of the defenses that can be used in criminal court can be raised. While your criminal case will determine if you will face jail time, fines, and other penalties for the DUI arrest, the DMV hearing addresses what will happen to your driver’s license. Here, our San Diego DUI defense lawyer explains what to expect at these hearings.
What Happens at a DMV Hearing in San Diego?
Attending a DMV hearing can be intimidating, particularly for individuals who have never been through one before. There are many important steps in these hearings and they are as follows:
- Notice of hearing: After you request a hearing you will receive notice of the time, date, and location of the hearing. Your hearing may be in person or over the phone.
- Less formal process: The DMV hearing is a legal one and so, it is important to give it the respect it deserves. Still, these hearings are not as formal as court trials. Instead of a judge overseeing the hearing, a DMV hearing officer will handle proceedings. During the hearing, the officer will determine whether your driver’s license should be revoked or suspended deepening on the facts of your arrest.
- Evidence is presented: There may be many types of evidence used in your case including your blood or breathalyzer results, the police report, and your driving record. You can challenge the evidence submitted against you and present your own, such as witness testimony.
The hearing officer will make the final decision after reviewing all of the evidence. If they believe there is enough evidence to support the charge, they will suspend or revoke your driver’s license. If you disagree with the decision, you do have the right to appeal.
How Can Our San Diego DUI Defense Lawyer Help?
There are many ways our DUI defense lawyer in San Diego can help with your DMV hearing. We will ensure your hearing is requested within the ten-day deadline, protecting your ability to challenge the suspension. We will also collect evidence that will strengthen your case. Our experienced attorney also knows how to successfully challenge any evidence presented against you, make legal arguments, and question witnesses. If the state has strong evidence against you, our lawyer can also negotiate for reduced sentences, such as a shorter period of suspension.
Key Takeaway: After a DUI arrest in San Diego, you only have ten (10) days to request a DMV hearing to protect your license. Missing this deadline means your suspension will go into effect automatically. Do not miss your change to challenge a DMV suspension. Our lawyer can help.
Our DUI Defense Lawyer in San Diego Can Represent You at Your Hearing
DMV hearings can be overwhelming and intimidating. At Anthony Z. Vargas, Esq., our San Diego DUI defense lawyer can represent you throughout the proceedings to ensure they are as easy as possible for you and you obtain the most favorable outcome. Time is not on your side after a DUI arrest: Call us now at 858-285-4595 or contact us online to schedule a consultation with our experienced attorney. We handle DUI cases in San Diego and throughout the wider region.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23152
