Once people have been charged with driving under the influence in California, they must deal with two separate proceedings: the criminal proceeding and the DMV Hearing. The DMV Hearing is conducted by the California Department of Motor Vehicles and determines if the person will lose his/her driver’s privileges, if those privileges will be suspended for a set amount of time, or if the person’s driving privileges will be reinstated.
During the DUI traffic stop, if a person consents to the breath test, and his/her result is 0.08% or higher, his/her driving privileges will automatically be placed under suspension. If the person refuses to consent to the breath test, his/her license will be automatically suspended as well. In both instances, the person will be served with a temporary driving permit that will allow them to legally drive for 30 days.
After 30 days, the temporary permit will expire, and the person will no longer be able to drive legally. This is why it is important that people schedule a DMV Hearing appointment with the California Department of Motor Vehicles immediately following their DUI arrest. Failure to schedule this hearing can result in the person automatically losing his/her driving privileges without having the chance to fight the suspension.
The DMV Hearing is presided over by a DMV official who has two responsibilities: to present a case against the DUI offender and to make a final decision regarding the reinstatement of the DUI offender’s driver’s license. If the DMV official finds that the offender is “not guilty”, the offender’s license will be reinstated. If the official finds that the offender is “guilty”, the offender’s license will be suspended for a period of time, as determined by the DMV official.
When a person schedules a DMV Hearing with the Department of Motor Vehicles, he/she will have the opportunity to challenge evidence presented against him/her by law enforcement and prosecutors. At this time, the DUI offender can argue against faulty police procedures or point out inadequate evidence. The offender will immensely benefit from hiring a DUI defense attorney to litigate on his/her behalf throughout this proceeding.
California Legal Team
Pasadena’s Premiere DUI Defense Firm | Premiere DUI Defense Attorneys in Newport Beach
If you or someone you know has been charged with DUI in Pasadena or Newport Beach, it is imperative that you obtain the services of a qualified DUI defense attorney. California Legal Team is dedicated to helping clients fight their DUI charges so that they can move forward with their lives. Every one of our clients is provided with aggressive defense by a highly trained and experienced lawyer. At California Legal Team, we are focused defense attorneys who believe in giving every
client the advocacy, advice, and understanding they need to be successful with their DUI matters.