Inland Empire DMV Hearing Lawyer
When a motorist is arrested for DUI/DWI, there are really two separate cases – (1) the criminal DUI prosecution, and (2) the California Department of Motor Vehicles (DMV) administrative driver’s license suspension proceeding. While your first concern if you face driving under the influence charges might be the prospect of jail, a driver’s license suspension will last long after your release from jail. A driver’s license suspension or revocation can impact your entire family by creating challenges in terms of commuting to work or class, taking your kids to school, or daycare, and shopping for necessities.
Effective Representation at California DMV Hearings
Every motorist arrested in the Inland Empire or the surrounding areas for DUI/DWI will face an administrative hearing regarding suspension or revocation of the individual’s driver’s license. This administrative hearing will arise through one of two separate scenarios. When a driver is arrested for driving under the influence or driving while impaired, the motorist is presumed to consent to a chemical test to determine whether the driver is impaired by drugs or alcohol.
If the driver refuses the test, the DMV administrative hearing will concern whether the individual’s license will be suspended for the chemical test refusal. Even if the motorist consents to a chemical test, a DMV driver’s license suspension hearing will be held to determine whether the driver committed DUI or DWI. An administrative determination that a motorist committed a DUI/DWI related offense will then result in a driver’s license suspension or revocation, which is independent from the penalties imposed by a court in the criminal case.
Why You Need a DUI Defense Lawyer for the DMV Hearing
The loss of your driving privileges can have a devastating impact on your day to day life, so you need to understand your rights and present an effective defense at the administrative hearing. The administrative hearing differs substantially from the criminal proceeding in terms of the procedural and evidentiary rules and relevant issues. Our experienced San Bernardino & Riverside DMV defense lawyers can explain your rights in clear understandable language and provide zealous advocacy at the DMV hearing.
When you are arrested for DUI in our state, the law enforcement officer will take your license and furnish a pink form called a “Notice of Suspension.” This form will function as a temporary driver’s license for a period of thirty (30) days following your arrest. Of critical importance, the form also provides your notice and application for an appeal of your driver’s license suspension or revocation. The request for a hearing must be submitted within ten (10) days of the arrest, or your driver’s license will be suspended or revoked without any further recourse.
Although there is no requirement that an individual request or appear at a hearing, failure to do so will result in the driver’s license of the motorist being automatically suspended immediately upon expiration of the thirty (30) day period triggered by the arrest and issuance of the Notice of Suspension. Submission of the request to appeal the administrative suspension will postpone the loss of your driver’s license until after completion of the DMV hearing.
Even if you are not interested in protecting your driving privileges, you should consider bringing legal representation to a DMV DUI driver’s license hearing. This hearing provides a unique opportunity to review the evidence that the prosecutor will use in the criminal case. Our criminal attorneys can use this opportunity to explore the testimony of the arresting officer and preview other aspects of the criminal case that will eventually be presented in your DUI criminal case.
Differentiating a DMV Administrative Hearing from a DUI Criminal Case
The DMV hearing process is much less formal than proceedings in criminal court. These differences include the fact that the hearing officer typically will not be a judge and may have no formal legal training. The hearing also will occur in an office or telephonically rather than in a formal courtroom environment. The evidentiary threshold to take away your license in the DMV hearing also is much lower. While a judge in a criminal case must find that you committed DUI/DWI beyond a reasonable doubt, the administrative hearing officer will apply a much less exacting evidentiary standard.
The rights of a motorist at a DMV DUI driver’s license hearing include the following:
If you prevail at the DMV hearing, your driving privileges will be left intact. In the event, the hearing officer rules against you, our lawyers can help you appeal the administrative decision.
Effective Representation at California DMV Hearings
Every motorist arrested in the Inland Empire or the surrounding areas for DUI/DWI will face an administrative hearing regarding suspension or revocation of the individual’s driver’s license. This administrative hearing will arise through one of two separate scenarios. When a driver is arrested for driving under the influence or driving while impaired, the motorist is presumed to consent to a chemical test to determine whether the driver is impaired by drugs or alcohol.
If the driver refuses the test, the DMV administrative hearing will concern whether the individual’s license will be suspended for the chemical test refusal. Even if the motorist consents to a chemical test, a DMV driver’s license suspension hearing will be held to determine whether the driver committed DUI or DWI. An administrative determination that a motorist committed a DUI/DWI related offense will then result in a driver’s license suspension or revocation, which is independent from the penalties imposed by a court in the criminal case.
Why You Need a DUI Defense Lawyer for the DMV Hearing
The loss of your driving privileges can have a devastating impact on your day to day life, so you need to understand your rights and present an effective defense at the administrative hearing. The administrative hearing differs substantially from the criminal proceeding in terms of the procedural and evidentiary rules and relevant issues. Our experienced San Bernardino & Riverside DMV defense lawyers can explain your rights in clear understandable language and provide zealous advocacy at the DMV hearing.
When you are arrested for DUI in our state, the law enforcement officer will take your license and furnish a pink form called a “Notice of Suspension.” This form will function as a temporary driver’s license for a period of thirty (30) days following your arrest. Of critical importance, the form also provides your notice and application for an appeal of your driver’s license suspension or revocation. The request for a hearing must be submitted within ten (10) days of the arrest, or your driver’s license will be suspended or revoked without any further recourse.
Although there is no requirement that an individual request or appear at a hearing, failure to do so will result in the driver’s license of the motorist being automatically suspended immediately upon expiration of the thirty (30) day period triggered by the arrest and issuance of the Notice of Suspension. Submission of the request to appeal the administrative suspension will postpone the loss of your driver’s license until after completion of the DMV hearing.
Even if you are not interested in protecting your driving privileges, you should consider bringing legal representation to a DMV DUI driver’s license hearing. This hearing provides a unique opportunity to review the evidence that the prosecutor will use in the criminal case. Our criminal attorneys can use this opportunity to explore the testimony of the arresting officer and preview other aspects of the criminal case that will eventually be presented in your DUI criminal case.
Differentiating a DMV Administrative Hearing from a DUI Criminal Case
The DMV hearing process is much less formal than proceedings in criminal court. These differences include the fact that the hearing officer typically will not be a judge and may have no formal legal training. The hearing also will occur in an office or telephonically rather than in a formal courtroom environment. The evidentiary threshold to take away your license in the DMV hearing also is much lower. While a judge in a criminal case must find that you committed DUI/DWI beyond a reasonable doubt, the administrative hearing officer will apply a much less exacting evidentiary standard.
The rights of a motorist at a DMV DUI driver’s license hearing include the following:
- Representation by an attorney (at the expense of the motorist)
- Cross-examination of adverse witnesses
- Testify in your own defense
- Presentation of favorable testimony
- Subpoena witnesses to appear at the hearing
- Examine and challenge evidence
If you prevail at the DMV hearing, your driving privileges will be left intact. In the event, the hearing officer rules against you, our lawyers can help you appeal the administrative decision.
Effective Defense Strategies at a California DUI Administrative Hearing
Our DUI defense lawyers carefully tailor our position to the specific facts of your case, but some of the defenses that might be utilized include:
Contact Us Today to Avoid Losing Your Driver’s License
Although these are some of the defense strategies that our Southern California DUI defense attorneys might use to defend your driving privileges, this is only a small sampling of the tactics we might employ on your behalf. If you have been arrested for DUI or any other alcohol or drug-related driving offense in the Inland Empire, our law firm can submit and schedule your request for an appeal and represent you at the hearing. However, time is of the essence because you have only ten (10) days from the date of your arrest to request a hearing to appeal your driver’s license suspension, so call us today to talk to an experienced San Bernardino & Riverside DUI Lawyer.
- Challenging the legality of the arrest
- No advisement of the consequences of a chemical test refusal
- Officer’s lack of probable cause that the motorist was driving under the influence
- Insufficient evidence of the following: (1) a blood alcohol concentration (BAC) of .08 percent or above; OR (2) the driver’s physical and mental abilities were impaired to such a degree that he or she could not drive with the caution characteristic of a sober person of ordinary prudence under similar circumstances
- Lack of evidence to prove you were driving
- Failure of the officer to exercise a 15 minute observation period prior to the breath test
- No refusal (i.e., you were just asking questions about the procedure)
- Improper calibration of a breath testing device
- Failure to properly handle, process or store a blood sample
- Medical conditions that prevented performance of the chemical test or caused distorted results
- Inaccurate breath or blood test results indicating a BAC of .08 percent or above
Contact Us Today to Avoid Losing Your Driver’s License
Although these are some of the defense strategies that our Southern California DUI defense attorneys might use to defend your driving privileges, this is only a small sampling of the tactics we might employ on your behalf. If you have been arrested for DUI or any other alcohol or drug-related driving offense in the Inland Empire, our law firm can submit and schedule your request for an appeal and represent you at the hearing. However, time is of the essence because you have only ten (10) days from the date of your arrest to request a hearing to appeal your driver’s license suspension, so call us today to talk to an experienced San Bernardino & Riverside DUI Lawyer.