DMV HEARING IN CALIFORNIA
Arrested for DUI?
In Calfornia, when a person is cited for an Alcohol DUI, there is a separate process that begins right away at the DMV. The arrestee’s driver’s license will be confiscated upon arrest, and he/she will be given a temporary license (pink slip) that is valid for 30 days (no restrictions). Unless a hearing is requested with the DMV within 10 days (weekends count), the person will not be able to drive beyond the 30 days.
NAVIGATING THE COMPLEX MAZE OF DMV PROCEEDINGS AFTER A DUI ARREST
Protect Your License with Expert Legal Supports
Understanding the Dual Pathways: Criminal and Civil/Administrative Proceedings After a DUI arrest in California, you find yourself at the crossroads of two separate legal proceedings: a criminal court case and an administrative DMV proceeding. Both of these processes carry significant potential penalties, and they must be skillfully navigated to preserve your ability to drive..
The Crucial 30-day Window: Temporary License and Rights to a Hearing Upon a DUI arrest with a BAC of 0.08% or higher, your California Driver’s License will be replaced with a 30-day temporary license – a pink slip that serves as your formal notification and grants you the right to request a DMV hearing within 10 days. If you miss this window, your license will enter suspension status – a penalty that could be compounded by any suspension arising from your court proceeding.
Deciphering the DMV Hearing: Complexities Lurking Beneath the Surface While the DMV hearing issues may seem straightforward, they are anything but. An expert DUI attorney can uncover vital nuances that may significantly impact your case – from examining the officer’s procedure during your arrest to analyzing the certification of chemical test results.
Advantages of a Skilled DUI Attorney: Procedural Maneuvers and ‘Set Asides’ A seasoned DUI attorney can make all the difference, identifying procedural weaknesses that can result in a ‘set aside’ or postponement of your suspension. Even when the facts of your case seem stacked against you, strategic legal maneuvers can provide a crucial leverage.
License Suspension: Stay the Course Even as your hearing proceeds, an experienced DUI attorney can help you request a stay of the suspension of your driver’s license, allowing you to continue driving until your case is decided – a process that could stretch out several months.
Myths and Misconceptions: Court Representation is Not Enough Contrary to popular belief, even winning a court case does not translate to success at your DMV hearing. A comprehensive legal strategy that addresses both the court proceeding and DMV hearing is critical to safeguard your ability to drive.
Repeat Offenders: Prior Convictions and their Implications With prior DUI convictions or adverse DMV rulings, it becomes even more crucial to contest the DMV Proceeding aggressively. Though your past convictions may not be relevant at the hearing, they can precipitate longer suspensions if you lose.
DUI Probation If you’re on DUI probation and a police officer determines that you drove with a 0.01% BAC or higher, you must request a DMV hearing within 10 days, even when you don’t face a new DUI charge. Contact the Law Office of “The DUI Specialist” Jeff Yeh today to protect your license and secure competent, effective representation at your DMV Hearing.
In California, if you lose a DMV Hearing, you may face the following penalties:
Just being arrested for a DUI will trigger automatic consequences on your ability to drive. Actions taken by the court and DMV can be overlapping and difficult to navigate.
If you lose a DMV Hearing that doesn’t involve a refusal, you will be allowed to continued driving on a restricted basis. However, you will also need to be enrolled in an alcohol program that lasts anywhere from 3-18 months in order o maintain your ability to drive.
Ignition Interlock Device
The IID device will randomly require a alcohol-less breath sample for the car to start and continue runing. It is often required after a DUI conviction and/or an adverse ruling at the DMV Hearing.
If convicted of a first DUI, the mandatory period of probation is 3 years. Repeat offenders may face up to 5 years of probation. This probation is informal (ie. no probation officer) unless the DUI is a felony. During probation, even driving with a 0.01% BAC can trigger a probation violation and/or license suspension.
DMV HEARING DEFENSE STRATEGIES
Don’t Assume You Have to Plead Guilty
The pink slip will list the issues to be decided at the DMV Hearing, depending on which DUI statute you were arrested for and whether you refused a chemical test. While the issues may seem simple and straightforward, they are anything but.
An experienced DUI attorney can read between the lines and spot issues that can often result in a “set aside.” Since the DMV Proceeding is a very technical one, issues that seem minor to the untrained eye may actually be quite significant. For example, did the officer properly place his or her signature at the bottom of the probable cause statement? Is the probable cause statement too vague? (ie. pulled someone over for “erratic driving”) Was the chemical test result certified by the DMV? If so, what date was it certified? Were you administered a chemical test within 3 hours of your arrest?…etc.
Additionally, an experienced DUI attorney may be able to obtain a “set aside” for you on procedural maneuvers that have little or no relation to the facts of the case itself. For example, if the police report is unclear on one of the DMV issues, your attorney may request that the police officer be subpoenaed. If the officer fails to show up, which is often the case, you may be granted a “set aside” on that alone!
At the minimum, an experienced DUI attorney can request that the suspension of your driver’s license be stayed, so that you may continue to drive while waiting for your hearing to be held, or the outcome is still pending. The entire process can easily take several months, so it is important to be able to drive beyond the statutory period of 30 days.
Many people falsely think that if they are accused of having a 0.08% or greater BAC, either by blood or breathalyzer testing, losing the DMV Hearing is a foregone conclusion. Worse, some people (including attorneys!) believe that court representation is sufficient, when exactly the opposite is true. The fact is, 95% of the time the court proceeding, regardless of the outcome, has no effect on your DMV Proceeding; even if you win your court case, you can still lose your DMV Hearing and face the prospect of losing your driver’s license and seeing your auto insurance double or dropped.
If you have prior DUI conviction(s) or adverse DMV ruling(s) against you, it is even more important to fight the current DMV Proceeding against you, because a prior—while not relevant at the hearing itself—can result in harsher punishment should you lose.
Since a new law was passed in 2008, the DMV Process has become even more complicated. As of January 1, 2009, if you are on probation for a DUI, and you are arrested / cited for a new DUI, you must request 2 separate DMV hearings! Contact the Law Office of “The DUI Specialist” Jeff Yeh today to protect your license and get competent and effective representation at your DMV Hearing.
DMV HEARING DEFENSES
Effective Defenses against DMV Hearing
1. Challenging Breath Test Results
When a person is still absorbing alcohol, the breath machine will ALWAYS read to high. It is up to your lawyer to show the discrepancy between reality and the reading.
2. No Driving Defense
If there’s no evidence you were operating the vehicle near the time of the arrest, we challenge the fundamental premise of your DUI charge.
3. Illegal Arrest or Stop
We can contest the legality (probable cause) of your DUI stop or arrest, which could lead to dismissal if your rights were violated.
4. Rising Blood Alcohol Level
Alcohol absorption rates vary based on race, sex, time/amount of consumption..etc We argue that your BAC may have risen between the time of driving and the time of testing.
5. Mouth Alcohol
We highlight factors like belching or acid reflux, which can skew breathalyzer results by releasing alcohol from the stomach into the mouth during breath testing.
6. Biased Field Sobriety Tests
We examine the administration of field tests for bias or error that could compromise their validity.
7. Faulty Breathalyzer Calibration
We scrutinize the maintenance and calibration records of the breathalyzer used, disputing results from improperly calibrated devices.
8. No Miranda Warning
Miranda must be given if there is post-arrest interrogation. We pinpoint the time of the actual arrest/cuffing and try to exclude statements made thereafter absent Miranda.
9. Blood Fermentation
If blood vials lack sufficient preservatives, the blood can ferment, leading to higher BAC readings.
10. Medical Conditions
Certain medical conditions, such as diabetes, hypoglycemia, auto-brewery syndrome, or gerds (acid reflux), can produce falsely high BAC readings.
11. DUI Checkpoint
A DUI checkpoint must be properly set up and maintained, otherwise the stop itself lacks probable cause.
12. Forced Blood Draw
Fedral law requires a warrent for a blood draw unless there is consent. Lacking consent / warrent means the blood result can be excluded.
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Freaqent Asked Questions
I just picked up a DUI and I blew over the legal limit. I’m guilty, so what’s the point of hiring a lawyer?
First of all, being over the legal limit is just the starting point, and all DUI cases that are won involve people who are at or above the legal limit (or they refused). If you were under the legal limit, you wouldn’t even have been cited. Second, just because you feel you are guilty, it doesn’t mean you need to have the full brunt of the consequences crash down on you. With proper representation, things like jail time, license suspension, fines, probation, alcohol school…etc. can be reduced or eliminated, guilty or not.
If I hire a lawyer, is it possible that I will never need to appear in court?
Yes. If you are facing a misdemeanor DUI and nothing else, a lawyer can appear on your behalf without you throughout the entire proceeding. At the DMV, if your testimony is required, you can testify telephonically. If there are any forms you need to sign for court, your lawyer can mail these to you and have you sign in front of a notary. All paperwork that you need can be mailed to you by your lawyer.
I received a letter or voice message from law enforcement asking me to contact them regarding an incident. What should I do？
You should absolutely NOT contact law enforcement yourself. Most of the time this kind of letter is sent when there is not enough evidence yet to charge you, and they are hoping you will help them out by incriminating yourself. Always contact a lawyer first, and if necessary, speak only through counsel.
I was arrested for DUI. Do I need SR-22?
SR-22 is just another term for “Proof of Insurance.” Your insurance company needs to file it for you for 3 years only upon conviction of a DUI.
CALIFORNIA DMV HEARING ATTORNEY JEFF YEH
Call THE DUI SPECIALIST
If you’ve been charged with driving under the influence, it’s crucial that you reach out to a DUI specialist right away. As a dedicated DUI lawyer, I have personally handled thousands of drunk driving cases, leveraging my expertise to defend my clients effectively. I know the prosecutors and Judges and how they conduct their business in the various courts throughout California. Schedule your 1 HR free consultation today by filling out the contact form below or by calling me directly at (213) 446 – 2495.