A pink “Notice of Suspension” was most likely given to you by the arresting police officer if you were stopped for DUI in California. In order to stop your driver’s license from being suspended, the notification instructs you to request a DMV hearing. However, what number do you dial?
To seek a DMV administrative hearing, also known as an “administrative per se (APS) hearing,” you must get in touch with a Driver Safety office of the Department of Motor Vehicles (DMV). If you have questions about doing so, keep reading or contact Chambers Law Firm at 714-760-4088 for a consultation with a DUI defense attorney in California.
When should a DMV DUI hearing request be made?
Within 10 calendar days of the date of your arrest, you must ask for a hearing. If you do not request a hearing within this time frame, the California DMV will immediately suspend your driving privileges. You can contact a DMV Driver Safety office to seek a hearing.
Normally, the office will request that you provide your date of birth, complete name, and license number. In order to set up a hearing date, you will interact with a DMV representative. You could do so via phone or in person at the DMV office. If you have legal representation, your DUI lawyer may contact to schedule a hearing on your behalf.
Why is the hearing being held?
After being pulled over for a DUI, you ask for a DMV hearing to contest the arrest’s legality. The following are some of the matters that a DMV hearing officer will evaluate and decide: if you were stopped by the police with good reason, they had reason to think you were driving while drunk, you had a blood alcohol content (BAC) of 0.08% or more, and you legally refused to take a chemical test.
A hearing officer is likely to revoke or suspend a driver’s license if they determine that the police report and other evidence indicate that you were driving while drunk or with a blood alcohol content (BAC) of 0.08% or higher when you were stopped and arrested with probable cause. Your driving privileges will probably be reinstated if the opposite is discovered.
What rights do you have during a DMV hearing?
In the course of a DMV administrative review, you have a number of privileges. Examples of rights include consultation with a DUI attorney or defense counsel, to study and contest any evidence used against you, to summon and present witnesses, to cross-examine witnesses, and to provide your own testimony.
Is your DUI case in court different from the DMV hearing?
Yes. If you are stopped for drunk driving in California, you will go through two separate legal processes. In addition to a license suspension, a criminal court has the power to impose further punishments if it finds you guilty of DUI. A few of these are a DUI course must be completed, along with probation, jail time, fines, and the installation of an ignition interlock device.
What’s the best way to improve my chances of a positive outcome in a DMV hearing?
We strongly recommend that you talk to a criminal defense attorney who can assess your case and help determine your best options to move forward. You can contact Chambers Law Firm at 714-760-4088 now for a free legal consultation.
