April 27, 2016

DUI DMV Hearing

Los Angeles DUI Attorney

 

What is a DUI DMV Hearing? 

A California DUI DMV Hearing is exactly what it sounds like. It is a court appearance to discuss your Driver’s License and or your Commercial Driver’s License status. In 1990 a special program was instituted called Admin Per Se, also know as APS. This program was created to crack down on California Drunk Driving issues. Essentially, this program allowed the California State Legislation and the Department of Motor Vehicles to create stricter laws against Drunk Driving and DUI Charges. When you are charged with a DUI, the DMV will receive notification and could suspend or revoke your Driver’s License. A Los Angeles DUI Attorney can make an appearance on your behalf to fight to keep your Driver’s License active while your case is being reviewed, or can also apply for a restricted license. If you hold a Commercial Driver’s License and have been arrested for a suspected DUI, it is imperative that you move quickly to protect yourself and your CDL. DUI Defender specializes in DUI DMV Hearing appearances. Our Los Angeles DUI Attorneys will do everything in their power to challenge your field sobriety test, breathalyzer results, and your blood or urine samples.

Why is a DUI DMV Hearing Important? 

After a DUI, your arrest record is processed and the California Department of Motor Vehicles is notified. The DMV then has to suspend or revoke your Driver’s License. If you hold a standard California Driver’s License, this means that you will lose the privileges that allow you to go to work, to pick up your children from school, to go grocery shopping, basically you lose the ability to manage your day and to get around. If you are a Commercial Driver, and hold a CDL, a DUI DMV Hearing is even more important. If you are convicted of a DUI or of Driving While Under the Influence, your CDL will be automatically suspended for one year. A second DUI while holding a Commercial Driver’s License will result in a LIFE TIME BAN. Your CDL will be revoked permanently. DUI Defender has the experience, knowledge, and insight to fight California CDL DUI cases. If you match any of the information listed below, the DMV and the State of California can legally charge you and convict you of a DUI:

  • You test positive for a blood alcohol concentration level greater than 0.01% while on probation
  • You test positive for a blood alcohol concentration level greater than 0.04% while operation a Commercial Vehicle (CDL License) 
  • You test positive for a blood alcohol concentration level greater than 0.08% while operating a standard vehicle (CA Driver’s License)

 

Los Angeles DUI DMV Attorney 

DUI Defender will move quickly to protect the status of your Driver’s License as well as your Commercial Driver’s License. We will also fight to keep your professional licenses in tact as well, such as Financial Licenses, Law Licenses, Medical Practice Licenses, and Teacher’s Credentials. A California DUI can cause your to have your Professional Licenses revoked as well, you must be aware of this if you are a working professional. If you have been charged with a DUI, you have TEN DAYS after you receive the revocation order to request a DUI DMV Hearing. DUI Defender will take care of this process for you. We will go to bat to try and prove that the APS Suspension was uncalled for and unjust. If you have already passed this 10 Day mark there are things that DUI Defender can STILL do to reinstate your driving privileges. Call us today for a free consultation.

 

What Happens at a California DUI DMV Hearing? 

Your Los Angeles DUI Attorney at DUI Defender will go over all of this with you in detail. Essentially, a DUI DMV Hearing is a court date that is designed to decide whether or not your Driver’s License will be suspended or revoked. Your Los Angeles DUI Attorney will address issues and topics pertaining to your arrest, such as but not limited to the following:

  • Per CVC §§23152, 23153, or 23154  did the police officer have a real reason to pull you over?
  • Were you arrested or detained properly?
  • Were your Blood Alcohol Concentration Levels (BAC) calculated and taken correctly?

All of this is done in order to build the strongest defense on your behalf. Your Los Angeles DUI Lawyer will present evidence to the court above and beyond this in order to try and keep your Driver’s License in good standing. Topics like your background, good conduct, work history, and family life all play a role in your Los Angeles DUI Attorneys ability to fight for your driving privileges.