DMV Hearing/DMV Penalties
D.M.V. Hearings Reminder!
A request for a D.M.V. Hearing must be made within 10 days of your arrest, or your driver’s license will be suspended/revoked 30 days from the date of arrest.
If a chemical test was taken, the issues are:
· Did the officer have reasonable cause to believe that the accused was driving a motor vehicle in violation of the drunk-driving laws (Vehicle Code Sections 23152 or 23153)?
· Was the accused lawfully arrested?
· Was the accused driving a motor vehicle when she or he had .08 or more, by weight, of alcohol in their blood?
If a chemical test was not taken, the issues are:
· Did the officer have reasonable cause to believe that the accused was driving a motor vehicle in violation of the drunk-driving laws (Vehicle Code Sections 23152 or 23153)?
· Was the accused lawfully arrested?
· Was the accused told that their driving privilege would be suspended for one year, or revoked for two or three years, if they refused to submit to, or failed to complete, a chemical test?
· Did the accused refuse to submit to, or fail to complete, a chemical test after being requested to do so by a peace officer?
If you or someone you care about has DMV problems related to a DUI arrest, please call on an experienced DUI Attorney in your area for a consultation at once.Many cases can be successfully defended at the DMV. Before you even think of giving up, talk to an attorney.
The DMV hearing process is essentially won or lost based upon technical issues that only experienced attorneys used to dealing with the DMV can raise and argue for you.
Keep in mind that you must request your hearing within 10 days of the date the arresting officer gave you the Notice of Suspension and temporary driving license. If you fail to request the hearing within that time, the DMV is not obligated to schedule the hearing before the temporary 30 day permit expires.
Also, since strategy in scheduling the DMV hearing is also an important part in successfully defending your driving privilege, you should obtain an attorney to represent you as quickly as possible so that he or she will be the person who contacts the DMV to request the hearing.
In some ways, the DMV’s punishment is even harsher than the court’s, since the DMV will actually suspend your driving privilege for four months if you fail to request the hearing or do not successfully defend it. At the hearing, the D.M.V. has the burden of proof as to all the issues. An attorney experienced with D.M.V. hearings may be able to save your license from being suspended. You are welcome to call us anytime to discuss your case and the ways that we can help you.
D.M.V. Penalties
These penalties relate to persons over 21 years of age, who were not operating a commercial vehicle. For additional information, please contact Attorney Roger Lytel at 805.966.6806.
First Offense: Where a chemical test was performed, and the results show a BAC of .08 or more, the D.M.V. will suspend the driver’s license for four months. Where a chemical test is refused, the D.M.V. will suspend for one year. In a first time D.U.I. case where a chemical test is taken, a restricted license may be obtained. Please consult an attorney for details on obtaining a restricted license.
Second Offense (within 7 years of prior offense): Where the chemical test is performed, and results are .08 or greater, D.M.V. will suspend for one year. Where chemical test is refused, two-year revocation.
Third Offense (within 7 years of prior offenses): With chemical test resulting in .08 or greater, two-year revocation; with refusal, three-year revocation.
Fourth Offense (within 7 years of prior offenses): The punishment is the same, whether a chemical test is taken or not. In either case, there is a four-year revocation of driving privileges.
Take note: these license suspensions/revocations are separate and apart from any action taken by the court; these are only the California DMV’s punishment. Curiously, the courts have no problem imposing double punishment in the field of DUI law; that is, both the court and the DMV are taking the person’s driver’s license in separate processes related to the same event.
In any other area of the law, this would be considered double jeopardy. With DUI’s the court considers the court’s suspension to be punishment, but the DMV’s suspension to merely be an administrative sanction. Tell that to the person who just suffered an “administrative sanction.” As far as they are concerned, it is a punishment.
If you have any questions about the DMV suspensions, or any other aspect of DUI defense, please contact a lawyer in your area that is experienced in defending DUI cases.
For free consultation, contact Attorney Roger Lytel at 805.966.6806.
