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| DMV Hearings |
California DUI DMV Hearings
URGENT!A request for a DMV hearing must be made within 10 days of your arrest, or your driver's license will be suspended/revoked 30 days from the date of arrest. You or your attorney can request this on your behalf. As mentioned on several other pages a DUI defendant has to face two government entities the courts and the DMV. The DMV has the ability to legally suspend, revoke and essentially strip you of your driver’s license. They are their own independent administrative body and function separately from the courts. The courts have no jurisdiction to tell the DMV what to do where your license is concerned. OUR GOAL IS TO HELP YOU KEEP YOUR LICNES AND DRIVING PRIVILEGES. When preparing for a DMV hearing we generally examine the following issues. If a chemical test (blood, breath, or urine) was taken, the issues are: 1. Did the officer have reasonable cause to believe that the accused was driving a motor vehicle in violation of the drunk driving laws (Vehicle Code sections 23152 or 23153)? 2. Was the accused lawfully arrested? 3. Was the accused driving a motor vehicle when he or she had .08 percent or more, by weight, of alcohol in his blood? If a chemical test was not taken (a refusal), the issues are: 1. Did the officer have reasonable cause to believe that the accused was driving a motor vehicle in violation of the drunk driving laws (Vehicle Code sections 23152 or 23153)? 2. Was the accused lawfully arrested? 3. Was the accused told that their driving privilege would be suspended for one year, or revoked for two or three years, if they refused to submit to, or failed to complete, a chemical test? 4. Did the accused refuse to submit to, or fail to complete, a chemical test after being requested to do so by a peace officer? At the DMV hearing, the California DMV has the burden of proof as to all the issues. |
