DMV Hearings

If you were arrested for a Fullerton DUI or Drunk Driving offense, the officer should have given you the choice of a breath or blood alcohol test. If you agreed to a breath test and the result was .08% or greater, the CHP or police officer probably confiscated your driver's license and issued you a pink piece of paper called a "Notice of Suspension." This paper is a formal notice to you that your California driver's license is suspended, and also serves as a 30-day temporary driver's license.  If this was your first DUI offense, your license will be suspended for four (4) months. However, the DMV will allow you to “exchange” the four (4) month suspended driver's license for a one (1) month suspension followed by a five (5) months of a “restricted” California driver's license. In order to be allowed to make obtain this restricted driver license you will need to file an SR-22 proof of insurance form, pay a small fee, and enroll in a state-approved DUI school.

Unlike the results of a breath test, the results of a blood test in a Fullerton DUI investigation will not be immediately known, but the administrative license suspension will still be issued. Refusing to take either chemical test on your first offense will result in an administrative license suspension of one (1) year with NO POSSIBILITY of work restriction. If this was your second offense within ten (10) years and you refused the tests, the length of suspension will be two (2) years with no possibility of work restriction. If your DUI was out of Orange County, you must contact the DMV Drivers Safety Office in Irvine, CA, within ten (10) days of being issued a Notice of Suspension. You must make this request to the DMV within the ten (10) day period or you will lose you’re the right to fight the driver license suspension at a DMV hearing. If you are even one day late, you will lose the privilege to fight to keep your driver license. REMEMBER, the DMV’s ALS or APS (Administrative Per Se Suspension) hearing is completely separate from your criminal case and must be treated as such. Although it is possible to represent yourself at these hearings, your chances for winning a "set aside" of the suspension are much higher with an experienced Fullerton DUI lawyer representing you.

If you possess an out-of-state license, the California Highway Patrol or police officer cannot seize your license as it is not the property of the State of California. Consequently, the Notice of Suspension revokes your privilege to drive only in California. Chances are, however, your license will be suspended by your home state upon notice to their DMV of your DUI arrest.  When contacting the Drivers Safety Office (DSO) to demand a hearing, it is critical that you, or preferably your lawyer, write down the date and time you called and the name of the clerk with whom you spoke. If you are unable to later prove that you contacted the DSO, you may be denied a hearing. Again, it is wise to retain an Fullerton DUI attorney to represent you; this service is typically included in the retainer agreement.

The DMV's Drivers Safety Office is located at 16735 Von Karman, Suite 110, in Irvine, CA, and can be reached at (949) 440-4416.

DMV PENALTIES FOR A DUI OR DRIVING UNDER THE INFLUENCE

DMV Hearings

If the DMV suspends or revokes your California Drivers License because of an DUI, you may be able to request an administrative hearing with Driver Safety Branch of the DMV which is the branch within the DMV that holds hearings to determine whether an action taken against a person's driving privilege is justified. Upon receiving notice that the DMV intends to suspend or revoke your driving privilege, you have only 10 days if you were personally notified of the action, or 14 days from the date a notice was mailed to you to contact Driver Safety and request a hearing. These timeframe's are critically important. Failure to contact Driver Safety within these timeframe's could result in the loss of your right to a hearing.  Driver Safety holds hearings on many different issues; however, each hearing is similar in that it affords drivers an opportunity to present reasons why they ought to retain their driver licenses. Each hearing is held according to legal guidelines (Administrative Procedures Act (APA); Evidence Code) that help ensure that neither the DMV nor the driver has an unfair advantage over the other.   It is the hearing officer's job to fairly record, analyze, and weigh the facts of each case against the issues involved before coming to a decision regarding the driver license. The hearing officer may end or “set aside” the proposed DMV sanction, allowing you to regain the use of your license; he or she may modify the license by placing various restrictions on its use; or the hearing officer may uphold the original suspension or revocation of the driving privilege. If the hearing officer makes a decision that you feel is unfair or unjust, you may appeal the decision with a departmental, and ultimately a court, review.  You have certain legal rights during an administrative hearing, and the hearing officer will ask you if you understand these rights before continuing with the hearing. Please be sure to have the hearing officer explain your legal rights if you don't know or understand them. Some of these legal rights include your right to: Be represented by an attorney or other representative at your own expense; Testify on your own behalf; Review the DMV's evidence and cross-examine the testimony of any witness offered by the department.

In most instances, the DMV's case rests solely on written documentation. If you wish to question the information contained in the DMV's evidence, you will be responsible for subpoenaing the person who prepared that document. At the DMV hearing, a hearing officer will render a judgment based on all the evidence presented. Many issues are discussed at the DMV hearing, including:

• Whether the suspect was in fact the person driving the vehicle
• Whether the arresting officer had probable cause to make the stop
• Whether the arrest was made lawfully
• Whether the driver had a BAC higher than the legal limit

An effective Fullerton DUI attorney who is intimately familiar with DUI arrest procedures, sobriety testing procedures, breathalyzer technology and evidence guidelines will be able to challenge the prosecution regarding all of these issues to help the suspect retain his/her driving privileges until the case is over.

If you have been arrested or cited for a DUI, you should contact an experienced Fullerton DUI lawyer as soon as possible. Time is of the essence. The sooner you contact an attorney, the more likely your rights will be preserved and the more time your attorney will have to prepare for the hearing and the better your chances will be that you keep your right to drive.  One of the most serious consequences of an DUI is the impact it has on your driver's license. You deserve to be represented by the best possible attorney. You deserve to be represented by Fullerton DUI Defense Attorney Randall T. Longwith. Call today for a FREE CONSULTATION at (714) 699-4384.

…Because the Best Defense is always  a good Offense.

Contact us about your legal matter today!