After being arrested for a DUI, many people are shocked to learn that their driver’s license can be administratively suspended by the California Department of Motor Vehicles (DMV) even before they are convicted. This suspension process begins immediately after your arrest when the police seize your driver’s license and issue a Notice of Suspension.
This notice acts as your temporary license for up to 30 days and provides information on how to request a hearing with the DMV. If you fail to request a hearing within 10 days of your arrest, your license suspension will automatically go into effect at the end of the 30 days.
The Importance of Requesting a DMV Hearing
Requesting a DMV hearing is crucial if you want to contest your license suspension. At the hearing, a DMV employee, rather than a judge or lawyer, will determine whether the police had reasonable cause to believe you were driving under the influence, whether your arrest was lawful, and whether your blood alcohol content (BAC) was .08 percent or higher. The outcome of this hearing can significantly impact your driving privileges.
Do You Have to Attend the DMV Hearing?
While you are not required to attend the DMV hearing, it can be beneficial. However, there are situations where attending the hearing in person may not be feasible. If you were arrested in a different city or county from where you live or work, or if you were arrested while on vacation and cannot afford to travel back for the hearing, you might not be able to attend. Additionally, if you cannot take time off work, attending the hearing could be challenging.
Can a DUI Lawyer Attend the Hearing on Your Behalf?
In certain circumstances, a DUI lawyer can attend the DMV hearing on your behalf. If traveling to the hearing is difficult or you cannot take time off work, your lawyer can represent you. An experienced DUI lawyer can help you understand your options and determine whether it is more beneficial for you to attend the hearing in person or have your lawyer attend on your behalf.
Benefits of Attending the DMV Hearing
Attending the DMV hearing can provide valuable insights into the state’s case against you. It allows your lawyer to evaluate the strengths and weaknesses of the evidence and the arguments the DMV will present. This preview can be incredibly beneficial as it helps your lawyer develop a more effective defense strategy for your DUI case.
Making the Decision
Deciding whether to attend a DMV hearing or have your lawyer attend on your behalf depends on your specific circumstances. Consulting with a knowledgeable DUI lawyer is essential. They can advise you on the best course of action based on the details of your case and your personal situation.
Contact Chambers Law Firm for Expert DUI Defense
If you have been arrested for a DUI, it is crucial to act quickly. Contact Chambers Law Firm at 714-760-4088 to schedule a free initial consultation. Our experienced DUI lawyers will work diligently to protect your rights and your freedom. We understand the complexities of DUI cases and the DMV hearing process, and we are here to help you navigate this challenging time.
