DUI & DMV ISSUES IN CALIFORNIA

Everyone arrested for DUI must be concerned about the DMV administrative per se (APS) drunk driving hearing. Even if you don't lose this hearing, you must be aware of what will happen if and when you get a conviction in the criminal court for a misdemeanor or felony. You can win at the DMV and lose at court - and you can lose at both places. You can also win at both places with the right case and attorney on your side.

As you probably already know, a driver arrested for DUI must contact the DMV within the first 10 days after arrest to challenge the license suspension - if you do nothing, you automatically lose the hearing and your right to drive.

If you challenge the hearing, there are some defenses that may be applied in your case to save, or minimize, the loss of your license.

In the APS hearing, a driver is faced with lose of license as a punishment for being involved in a crime - defined usually as a blood or breath alcohol level at or above .08%. If the person is under 21 years of age, the level is adjusted to .01% or more in the blood or breath. And for professional drivers in their vehicles, the level is .04% or more by weight of ethyl alcohol.

People who refuse to take the chemical or preliminary breath tests, can be facing punishment for refusing the test. Usually other factors influenced your choices when you were required to give a sample that may save your right to drive.

Restricted work licenses are now governed by the DMV - and only on a first offense are you entitled to one. Although a work license is given to the 2nd offender, a 2nd offender must have completed one year of the multiple offenders class prior to being eligible for this work license.

An SR22 insurance certificate is always required after a DUI conviction or lose at the DMV APS hearing, most usually.

Because the hearing at the DMV is very technical, only a qualified lawyer should be allowed to assist you. Knowing when and when not to present evidence is the key - sometimes the DMV's case against you is your win if you know the right objections and case names to cite to the hearing officer.

Because the hearing officer is both the prosecutor and judge, the only way to win is by having an attorney who know when to keep you home instead of attending the hearing - do what your lawyer tells you to do!

Good luck on your case.