An arrest for a DUI can be hindering, as well as embarrassing. It is only further complicated when you are left unable to drive. Many lose their ability to operate a vehicle, being restricted from driving to even the most basic of places. Even a first time offender can have their license suspended for six to ten months. Driving is something that many may take for granted and it is not until you lose the ability to do it that you recognize how necessary it is. Suspensions for more serious DUI charges can cause a driver to lose their license even more long term. One of the actions that can be taken for those in this position includes a DMV hearing.
Admin Per Se Law
Per California's Administrative Per Se (APS) or one the spot license suspension law, if you are arrested for driving with a BAC of 0.08% or more, your driver's license will be immediately confiscated. An order that your license be revoked or
suspended will be served. Refusing a chemical test to determine BAC will result in the same penalty. The same applies if you are
under 21 and detained for driving with a BAC of 0.01% or more, or do not complete
preliminary alcohol screening. Following this event, a temporary driver's license is issued for thirty days. This allows you time to challenge the suspension or revocation of your license through a DMV review hearing. This hearing must be requested within ten days of your arrest. If this deadline is not met, the DMV may automatically suspend your license.
We will use our expertise to see that matters relevant to your arrest are reviewed such as, if any circumstance of your arrest were unlawful or if testing was properly carried out. It is important to note that this hearing is separate from any court action to determine whether or not you are guilty of criminal charges. We will also represent you in that process and endeavor to have the charges dismissed or achieve an acquittal. If this occurs, or if DUI charges are not filed in criminal court, a license suspension or revocation can be reversed by the DMV.