You can face a criminal trial and a hearing with the Department of Motor Vehicles (DMV) if you’re arrested for driving under the influence (DUI) in California. Your DMV hearing generally occurs first, and can even lead to the preemptive suspension of your driver’s license.
You may wonder if winning your DMV hearing will help your DUI case in California. The Simmrin Law Group can help you review the impact of a DMV hearing on DUI criminal charges right here. We’re also ready to help you handle your DUI charges. Just call (310) 997-4688 to focus on your defense.
The Legal Impact of a DMV Hearing in California
The outcome of your DMV hearing determines whether or not you will be able to continue driving until your criminal trial in California. However, the outcome of your DMV hearing is not considered directly relevant to your criminal trial. This means:
- Your lawyer cannot use it as evidence that you weren’t committing a DUI
- The prosecution cannot use it as evidence that you were committing a DUI
Some drivers consider whether or not they should pursue a DMV hearing if it will not impact their criminal trial. Let’s review the benefits of requesting and completing a DMV hearing right now.
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A DMV Hearing Can Protect Your Driving Privileges
The California DMV is legally allowed to suspend your driver’s license before your criminal trial for a DUI. The DMV will automatically suspend your license 30 days after your arrest if you do not request a hearing within 10 days of the arrest.
Your DMV hearing gives you the chance to prevent the license suspension. These hearings are relatively simple. They do not involve a judge and jury, only a DMV representative. The DMV will focus on determining if there is a reasonable amount of evidence that you committed a DUI.
Note that if your license is suspended by the DMV and you are then found Not Guilty in court, you can get your license back. However, you will have to pay fines and handle some paperwork with the DMV. Preventing the suspension is often preferable to drivers in California.
A criminal defense lawyer in Los Angeles can help you handle your DMV hearing to maintain your driver’s license. Call (310) 997-4688 to get professional help now.
Your DMV Hearing May Help a Lawyer Build Your Defense
Note that you can still lose your driver’s license if you are convicted in a criminal court of a DUI in California. You can also face:
- High court fines
- Months of jail time
- The installation of an ignition interlock device (IID)
- A requirement to attend an alcohol treatment program
Fortunately, a DUI lawyer in Los Angeles can help you handle your criminal charges. Your lawyer can gather evidence, speak with witnesses, and work to weaken the case against you. A DMV hearing can assist with this process in some cases.
Your arresting officer can be subpoenaed and made to attend your DMV hearing. This allows your lawyer to question the police officer prior to your criminal trial. The information gained during this questioning can help a DUI lawyer construct your defense more effectively.
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Understand What Happens During DMV Hearings
As we mentioned, your DMV hearing in California won’t focus on whether you were innocent or guilty. Instead, it will consider the likelihood that you were driving under the influence. This means that your lawyer will work to show you were unjustly arrested.
A criminal defense lawyer may handle your DUI hearing by working to show that:
- The arresting officer had no reasonable cause to stop you
- Your blood alcohol content (BAC) was not very high
- The evidence against you should not be admissible
Raising questions about the legitimacy of your arrest can help you during a DMV hearing. You can review your specific legal options in this situation with the Simmrin Law Group. We understand what it takes to resolve DMV hearings in California, and how to use the results of your hearing to help your criminal case.
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Contact a Lawyer Before Your California DMV Hearing
Winning your DMV hearing will not directly help your DUI case in California. However, a lawyer can use information from your DMV hearing to strengthen your defense to DUI charges. Your DMV hearing can also allow you to maintain your driving privileges after a DUI arrest. The Simmrin Law Group can provide you with a FREE consultation to review the impact of your DMV hearing right now.
Contact us by completing our online contact form or calling (310) 997-4688 to speak to a DUI lawyer in Los Angeles about your case.