WHAT YOU NEED TO KNOW ABOUT

DMV Hearings

Wallin & Klarich specializes in DMV cases, so if you need an attorney for your DMV Hearing, call today. There are several different types of hearings, but the most popular are the hearings involving Drunk Driving offenses. In an administrative per se hearing, the driver has ten days from the date of arrest to request a hearing. If they do not request a hearing within ten days, the hearing is waived and their license suspension begins. If the driver requests a hearing within ten days of his or her arrest, the DMV (Department of Motor Vehicles) will stay the license suspension pending the outcome of the hearing. On the date of arrest, the individual is given a temporary license, which is only valid for thirty (30) days from the date of arrest.

Failure to request a hearing within the ten day period will result in a four (4) month suspension on a first time DUI arrest. The first initial month of suspension is mandatory. After that, an individual may obtain a "restrictive license" for the remaining three (3) months.

In order to accomplish this, the individual must:

1. Pay a $100.00 re-issue fee to the DMV
2. File an SR-22 with the DMV
3. Show proof of enrollment into a Alcohol Program - which is approved by the court.

The restrictive license is very specific. It allows an individual to drive to and from the course of employment and an alcohol program.

A suspended license precludes an individual from driving a motor vehicle at any time during the suspension period.

If an individual is caught deviating from this, he or she will be in violation of Vehicle Code section 14601.2. Any person convicted of a violation of this section shall be punished as follows: "Upon a first conviction, by imprisonment in the county jail for not less than ten (10) days or more than six (6) months and by a fine of not less than three hundred dollars ($300.00) or more than one thousand dollars ($1,000.00) . . ."

Administrative Per Se Hearing - Three Issues

1. Did the police Officer have reasonable cause to believe the individual was driving a motor vehicle in violation of Vehicle Code section 23152, 23153, or 23140?
2. Was the individual placed under lawful arrest?
3. Was the individual driving a motor vehicle at .08% BAC or more?

Refusal Hearing: When an individual refuses or is unable to complete an alcohol-screening test. As a California licensee, you are obligated to submit to a chemical test consisting of either a blood or breath test upon demand. Failure to submit to one of the above screening test could constitute a refusal. Therefore, an individual could lose their driving privileges for up to one year.

Wallin & Klarich has over 30 years of criminal defense experience and has DMV attorneys on staff with experience handling various types of DMV hearings. The hearings are complex and difficult. Wallin & Klarich attorneys have the knowledge and experience to secure a favorable outcome. Call us now for a free consultation.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing drunk driving charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-764-2615 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

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