DMV Hearings

When you are arrested for a DUI in Orange County, your driving privileges will be negatively affected. For first-time DUI offenders, the DMV will automatically suspend your license for 4 months. During this period, you are not permitted to drive a motor vehicle for any reason – doing so can result in a criminal charge.

You do, however, have the right to request a DMV Administrative Per Se Hearing to contest the suspension. Keep in mind that you only have 10 days after the arrest to make the request. Once you or your attorney schedules the hearing, the DMV will temporarily lift the suspension until the DMV makes a ruling from the hearing.

The DMV hearing essentially considers the validity of the traffic stop and determines whether or not the arresting officer had probable cause to make the arrest. You can hire an attorney to attend the hearing appearance for you and make arguments on your behalf (you, of course, would not need to be present). Although defendants in a DMV hearing rarely prevail, it is still worth pursuing.

If the DMV rules in your favor, no action will be taken on your license, which means you will be able to keep your license free and clear. However, if the DMV rules against you, the suspension will be re-instated.

For first-time DUI offenders, the DMV will allow you to get a “restricted license,” which will allow you to commute to work, school, or DUI classes. You will only be eligible to get a restricted license after the first 30-days of the suspension. Although you will be allowed to drive for limited purposes, if you decide to seek the restricted license, the DMV will extend the suspension period to 5 months from the time you are issued your restricted license.

If you are later found guilty of the DUI, you will also suffer a 6-month license suspension as ordered by the court. However, you will be allowed to get a restricted license immediately and you will receive credit for any license suspension time you did serve without getting a restricted license.

In any criminal matter, it is imperative that you are kept fully informed of consequences that stem from a criminal charge. For this reason, you need the legal aid and expertise of an Orange County DUI attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can keep you well informed while working to achieve the best possible result in your matter. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

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A wet reckless conviction in lieu of a DUI conviction will not vacate a DMV suspension unless the Court makes a finding of “not guilty” on the CVC §23152(b) or §23153(b) charge as opposed to just dismissing it. You must speak with an Orange County DUI attorney well versed in California DUI Law before entering a plea of guilty in any DUI case.

Even where a DUI charge is reduced by the prosecutor, the court and the DMV retain the authority for discretionary action under other statutes. Generally, the court is precluded by the plea bargain from giving a severe penalty. However, the DMV has authority to suspend one’s privilege to drive by identifying people with alcohol problems as negligent operators. A negligent operator is defined in the California Vehicle Code as any driver whose record shows a count of four (4) points in 12 months, six (6) points in 24 months or eight (8) points in 36 months.

Insurance companies and the DMV may treat a wet and reckless conviction the same as a DUI conviction. You will need to work closely with your Orange County DUI attorney to understand the positive and negative aspects of any plea agreement.

If you or a loved one have been accused or charged with DUI in Orange County, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin & Klarich today at, (888) 749-0034 to speak to an experienced Orange County criminal defense attorney about your case.

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If you have been issued a class A, B, or C drivers license with an endorsement issued pursuant 15278(a)(4) of the Vehicle Code, and are convicted of a DUI in California or any of the following scenarios occur; you will lose your commercial license for one year. This can lead to significant consequences, most importantly losing your livelihood and ability to provide for yourself or your family.  It is important to hire an experienced San Bernardino DUI attorney to handle these serious charges.

If any of the following scenarios applies to you, you could possibly lose your commercial drivers license.

•    You were a commercially licensed driver operating a non-commercial vehicle with a blood alcohol level of .08% or more.
•    You were operating a commercial vehicle as defined Section 15210 of the Vehicle Code with a blood alcohol level of .04% or more.
•    You were a commercially licensed driver operating a commercial or non-commercial vehicle and knowingly refused to or failed to complete a chemical test, when lawfully admonished.

In addition, if any of the three above occurs while transporting a hazardous material, the penalty is 3 years of revocation.  If it occurs a second time, whether transporting hazardous material or not; the licensee will lose their privilege to have a commercial license for life.

However, the California Department of Motor Vehicles will allow a commercial license holder to apply for a class C license after any of the three scenarios above occur.  After 30 days of a hard suspension, as long as the licensee has an SR-22 and takes a state approved alcohol program, the licensee will be granted a Class C, non-commercial license.

If you or a loved one have been accused or charged with DUI in San Bernardino county, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin & Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

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Is my driver’s license suspended right away?

No.  If you have a California driver’s license in your possession then the officer will likely take your license and give you a pink temporary license that is good for thirty days.  If you take no action then your license will be suspended for four months after the 30th day.  If you request a DMV hearing within the ten days then you will retain full privileges to drive at least until the DMV hearing is decided.

What happens if charges aren’t filed by my initial court date?

It is not uncommon for the District Attorney’s office to have not filed a DUI case by the initial court date.  If this happens then you will likely receive a letter in the mail from the DA’s office advising you sometime after the initial court date that charges have been filed and what the new court date is.  If you don’t appear at court on the new date the judge will likely issue a warrant for your arrest.  The statute of limitation for a misdemeanor DUI is one year so if one year passes form the date of your arrest and the DA has not filed charges then they are statutorily barred from prosecuting you for that offense.

Should I hire a lawyer to help defend me against my DUI charges?

Absolutely.  A DUI arrest triggers two cases—one with the DMV and one with the court.  DMV hearings are very technical hearings where documents and testimony are submitted as evidence and legal skills are required in order to get the best possible results.  Public defenders are not available for DMV hearings and they are almost impossible to win without adequate legal representation.  It is also very important have an experienced private DUI defense attorney handle your DUI case in court if you are serious about fighting your DUI case.

If you or a loved one have been accused or charged with a DUI in Southern California, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin & Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney.

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Absolutely you should take an experienced DUI attorney to the administrative hearing at the DMV. Having an attorney represent you at a DMV hearing is a right that you have. This can also make the difference between saving your license and your privilege to drive a motor vehicle or not.

The DMV will automatically suspend your license 10 days after you are arrested for a DUI offense in California. Within 10 days of your arrest, you must call DMV to request a hearing to set aside their action to suspend your license.

The DMV will also have negligent operator hearings if you have too many points on your driving record. It is also imperative to have an experienced attorney to represent you in any DMV administrative hearing matter.

Other hearings through the DMV can also arise if you were in an accident and someone was injured or died and/or if you were cited or arrested for that accident where an injury or death occurred.

Do not leave the possibility of having your license suspended, revoked or restricted to chance. Other consequences to not having a valid license include citations or arrest for driving without a valid license and the reliance on family member or friends to drive you around or utilizing public transportation, which most certainly can be a hardship. Hire the San Bernardino County experienced attorneys at Wallin & Klarich to represent you in any DMV matter.

If you or someone you love has been accused of a DUI offense and causing injuries in California, contact the experienced San Bernardino County criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklawdui.com for a consultation of your case. We can help you especially on DMV matters where your driver’s license is at risk.

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After being arrested for a DUI, it is important to research DUI lawyers and retain a DWI attorney to work on your DUI defense for your criminal trial and DMV license hearing. It is important to understand that the outcomes of your criminal DUI case and California Department of Motor Vehicles (DMV) license hearing are primarily fueled by the specifics included or omitted from the police report. Some errors and omissions may not be legally significant, but others can be fatal to the criminal and DMV cases against you. This is especially true at the DMV administrative hearing, where the predominant evidence being used against you is the arresting officer’s police report. Numerous police report errors, even including minor ones, when taken as a whole, may call into question the credibility and trustworthiness of the officer who completed the report.

When charged with a DUI in California, facing two cases (the criminal DUI case and DMV license hearing) at the same time can be overwhelming and discouraging. However, your hands are not tied. DUI charges are often vulnerable to diligent legal investigation. Police officers make procedural errors, including errors or omissions in the police report being used against you.

The aggressive Southern California DUI defense lawyers at Wallin & Klarich have been defending the rights of those facing DUI charges for over 30 years. We know what it takes to ensure that you keep your driver’s license and may be able to get your DUI charges reduced or even dismissed. Contact Wallin & Klarich today to learn more about how we can help. Call 888-764-2615 or visit www.wklaw.com and www.wklawdui.com for more information. We will be there when you call.

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If you have been cited or arrested for DUI in California, it is important to know that you must request a DMV hearing within 10 days. If you fail to request a DMV hearing, you will lose the right to contest the DMV’s suspension of your license. California Vehicle Code Section 13558 sets forth the 10-day rule. When you are cited or arrested for DUI in California, you are usually given a notice that states that your license will be suspended by the DMV and that you have 10 days to request a hearing with the DMV. Oftentimes, people fail to read this important paperwork until it’s too late and their license is already suspended.

If you have been arrested or cited in Southern California for a DUI-related offense, you should immediately contact an experienced criminal defense attorney familiar with DMV procedures. The criminal defense attorneys at Wallin & Klarich have been handling DUI and DMV matters for more than 30 years and know what to do to make sure your rights are protected. Contact Wallin & Klarich today at (888) 764-2615 for a free evaluation of your case and visit us on the web at www.wklaw.com.

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In Southern California, a driver’s license is almost as important to your livelihood as actually having a job. Losing your license can mean certain unemployment to people who need to get to work and can’t reasonably use public transportation. So, it’s not surprising that a sense of panic sets in when you get a “suspension notice” from the Department of Motor Vehicles. When this happens you need to immediately contact lawyers that have tremendous experience in DMV hearing defense.

The DMV can attempt to suspend or revoke your driving privilege for many reasons. The “suspension notice” normally will provide you with the legal basis upon which the DMV is acting. The good news is you have an absolute right to a lawyer to assist you before replying to the DMV. You will be provided a “limited window of time” in which to demand a DMV hearing. You should contact our California DMV hearing attorneys before you contact the DMV so we can advise you how best to approach this serious legal matter.

Wallin & Klarich has successfully represented hundreds of persons who were facing the loss of their driving privilege. Don’t hesitate to contact Wallin & Klarich today for an evaluation of your DMV case. Call us today, toll free at (888) 764-2615.

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