The DMV hearing is an entirely separate process from the criminal trial
involved after a DUI. The DMV is only in charge of handling license suspensions
and determining whether or not someone is fit to drive and should be given
back their driving privileges. Of course, someone who is found to be guilty
of driving under the influence will only receive their license with many
restrictions on their driving.
Ultimately, the court still has the power to decide on if your license
should be suspended, especially if you have a history of
DUI convictions or are seen as a habitual traffic offender, despite the fact
that the DMV and the justice system are two different entities.
Keep reading to learn more about what happens during the DMV hearing!
How Can I Win My DMV Hearing?
The arresting officer may have provided you with a pink slip to that acts
as your temporary license, with an attached note that you only have 30
days before your license is officially suspended.
However, note that immediately after being arrested for DUI in California,
you will only have 10 days to arrange the DMV hearing to retain your license.
The DMV is mainly concerned with three particular issues. It is up to you
to prove or disprove the evidence that has been brought up so that you
may successfully win your hearing. These questions may be asked if you
were asked to submit to either a blood or a breath test.
- Did the arresting officer provide a reasonable enough cause to show that
you were driving under the influence?
- Did the police officer use lawful tactics when enforcing the law and while
placing you under arrest?
- Did your blood-alcohol content (BAC) measure 0.08% or higher?
Note, however, if you refused to submit to the blood or breath test, you
could be facing much more serious punishments. This is because California
has the “implied consent” law, which means that any driver
who is pulled over under suspicion of drunk driving automatically consents
to either a blood or breath test.
Defenses in a DMV Hearing
So long as you raise a compelling defense to the issues brought forth,
you increase the chances of winning your DMV hearing. Here are some of
the defensible issues that you can raise:
- Were you tested within 3 hours of being stopped?
- Did the officer allow at least 15 minutes to pass before conducting a breath test?
- Was the officer fully trained and qualified to conduct the breath test?
- Was the evidence obtained improperly or is it insufficient?
When you retain legal representation from a Ventura DUI lawyer.
Attorney Robert F. Sommers is knowledgeable and experienced, having formerly worked as a prosecutor.
He can raise a defense on your behalf and assist with helping you secure
a win with your DMV hearing.
Contact The Law Offices of Robert F. Sommers today to request your
free case evaluation.