What is a DMV (Department of Motor Vehicles) hearing in California? Well, you may not know it, but the DMV can suspend your driver’s license after a DUI arrest. The DMV may automatically complete the suspension of your license. You can prevent this suspension if you request a DMV hearing.
Keep reading this article to find out how to request a DMV hearing in California. You can also consider the ways a lawyer could help you handle a DMV hearing. Focus on protecting your driving privileges and safeguarding your record.
Steps to Request a DMV Hearing in California
You automatically receive a date for your first court appearance after a DUI arrest. The same is not true for your DMV hearing. You must take steps to request this hearing. In order to set up your hearing, you need to contact the “driver safety branch” of your local DMV.
You only have 10 days from the day of your arrest to request a hearing. If you wait too long, the DMV will not set up a hearing for you. They will simply proceed with the administrative suspension of your driver’s license.
A lawyer can help make sure your hearing is requested in time. You can get help setting up your DMV hearing by calling a DUI lawyer now. Just reach out to us at (310) 997-4688.
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Information About Your DMV Hearing for a DUI
A DMV hearing is not the same as a criminal trial in court. The DMV is not concerned with establishing whether you are guilty or innocent. In fact, the DMV has no right to make this decision. They only decide if your license should get suspended or not.
A DMV hearing for a DUI arrest has a specific name. You may hear this hearing called a Driver Safety Administrative Per Se “APS” Hearing. You should also know that you can avoid these hearings in some cases if you install an ignition interlock device (IID) in your vehicle.
California recently adopted the statewide usage of IIDs for DUI convictions. You may apply to get an IID restricted license after an arrest for a DUI, and you may continue to operate your vehicle normally if you have an IID installed.
Defenses for Your DMV Hearing in California
You may not want to install an IID on your vehicle after a DUI arrest. In this case, you should request your DMV hearing within 10 days. You can contact a lawyer to help handle your hearing. Your lawyer may use the hearing to build your defense.
Note that the officer who arrested you is generally at the DMV hearing. This allows your lawyer to question the officer before your criminal trial. Your lawyer may also review other evidence against you at this hearing. This could strengthen your legal defense.
A lawyer may also come prepared to defend your driving privileges. Depending upon your situation, a lawyer may work to show that:
- You were stopped without probable cause by a law enforcement officer.
- Your arrest occurred at an illegal DUI checkpoint.
- You were not driving a vehicle at the time of your arrest.
- The officer did not correctly perform a blood alcohol content (BAC) test.
- The officer did not complete their paperwork properly.
- You were not informed of what would happen if you refused a BAC test.
These are only examples of defenses that could apply at a DMV hearing in California. Your lawyer can review the specifics of your case to develop a defense for you.
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Understand the Results of a DMV Hearing
The DMV may decide to allow you to maintain your driving privileges after your hearing. This does not mean that your criminal charges are resolved. You may still face charges for a DUI. However, winning a DUI hearing could increase the odds that your criminal charges will be resolved in your favor.
This is not always the case. Sometimes, the court system convicts you of a DUI after you successfully handle a DMV hearing. In this case, your license could end up suspended. Get help handling both your DMV hearing and criminal trial from a DUI lawyer.
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Learn About a DMV Hearing with a Lawyer
A DMV hearing allows the DMV to determine whether you should keep your driving privileges after a DUI arrest. Some drivers skip this hearing and just install an IID in their vehicle. You can get help handling a hearing from attorneys at the Simmrin Law Group. Start working with our DUI lawyers right now. You can call (310) 997-4688 to reach us or fill out our online contact form.
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