DMV Hearings

If you are convicted of drunk driving in California, your DUI conviction will stay on your criminal record for your entire life, unless otherwise ordered by the court. However, with regard to your driving record, a DUI conviction will remain on your record for a period of 10 years after the date of the incident.

In addition to the conviction being on your record for a long time, there are a number of other penalties that are imposed by the law and the Department of Motor Vehicles that you should be aware of when you are facing a DUI. If you or someone you know is charged with a DUI in California, the attorneys at Wallin & Klarich can help you fight these DUI charges.

Prosecution for DUI

In California, there are two distinct DUI laws which may be charged depending on the circumstances of your case. California Vehicle Code 23152(a) prohibits “driving while under the influence of drugs or alcohol (or both);” and California Vehicle Code 23152(b) prohibits “driving with a blood alcohol level of 0.08% or higher.” Regardless of how you are charged, you will still be facing the same punishments.

In order to convict you of a DUI under CVC 23152(a), the prosecution must prove that:

1. You drove the vehicle; AND
2. When you drove, you were under the influence of an alcoholic beverage and/or a drug, or both

In order to convict you of a DUI under CVC 23152(b), the prosecution must prove that:

1. You drove the vehicle; AND
2. When you drove, your blood alcohol content (BAC) was 0.08% or more by weight

It is important to note that if you are charged under CVC 23152(a), the prosecution does not need to prove your BAC, only that you were under the influence of drugs or alcohol, or both, at the time you were driving.

DMV Hearing to Avoid a Suspended License

Even if you have not yet been convicted of a DUI under California Vehicle Code 23152, you will be required to take steps beyond the legal system to ensure that your rights are protected. When you are arrested for a DUI in California, you will have 10 days to schedule a DMV hearing, which will determine whether your driver’s license will be suspended for a period of up to one year.

At this hearing, you will have the opportunity to contest the suspension of your driver’s license. If you successfully contest the suspension, you will be able to keep your driver’s license while fighting your DUI charges.

If you fail to schedule a hearing within 10 days of being arrested for a DUI, then your license will automatically be suspended for up to six months. If you fail to contest your driver’s license suspension, then the DMV will add two (2) points to your driver’s license. The two points will remain on your record for the full period of ten (10) years.

Punishment for DUI

Apart from the DMV penalties that you will face when you are charged with your first DUI, you will also be subject to:

1. A jail sentence in county jail of up to six months
2. A fine of up to one thousand dollars ($1,000)
3. Probation from three to five years; AND
4. A requirement that you successfully complete a lengthy driving-under-the-influence program

The penalties for subsequent DUIs become progressively severe with more stringent requirements.

California DUI Defense Attorney

At Wallin & Klarich, we know that facing a possible DUI conviction is scary and can have a long-lasting, negative effect on your life. Our attorneys have over 30 years of experience successfully defending our clients in DUI cases. Our offices are located in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, Victorville, Torrance, Sherman Oaks, and West Covina. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.

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Wallin & Klarich attorneys have handled thousands of DUI cases over the last 32 years. We are highly skilled at dealing with DUI cases as well as winning DMV hearings for our clients. We give both aspects of your case attention because we know how important your license is to you. We have been practicing DUI defense in Riverside County for decades and are very skilled in the procedures of the local Riverside courts.

According to California law, after you’ve been arrested for DUI, the arresting officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. However, you will be provided with a temporary license by the officer.

The DMV automatically conducts an administrative review that includes an examination of the officer’s report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.

You have the right to request a hearing from the DMV within 10 days of your arrest. Your temporary license will be good until a decision is reached after your DMV hearing. The attorneys at Wallin & Klarich carefully comb through every report we receive looking for legal issues in your case to insure that we will be fully prepared for your hearing. We also work with the best forensic experts that we may call upon to testify at the hearing. Success is our goal and we pull out all the stops to assist you in keeping your license.

There are many factors that determine the outcome of a DMV hearing and having a highly skilled Riverside DUI and DMV Hearing Defense attorney is vital in making sure you get the best possible result in your case. The attorneys at Wallin & Klarich have been helping those charged with DUI for over 30 years. You can call us at 888-280-6839 or visit our website www.wklaw.com. We will be there when you call.

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Before the California DMV can revoke your driver’s license, due to a California DUI arrest, there must be proof that you were “lawfully arrested.” A lawful arrest only takes place if the arresting officer can provide sufficient facts and evidence to establish probable cause. Allegations of a traffic violation is not, in of itself, probable cause to arrest. Although the allegation of a traffic violation may give an officer reasonable cause to stop your vehicle, additional evidence is generally required to make a lawful DUI arrest.

It is important to know that you only have 10 days from the date of your arrest to schedule a California DMV Hearing to contest the suspension of your driver’s license. By scheduling a DMV Hearing, you preserve your right to challenge the legality of any action taken on your license. At the DMV Hearing, your DUI attorney will have an opportunity to attack the surrounding facts and evidence of your case in an effort to save your drivers license from a lengthy suspension.

If you or a loved one has been arrested for any type of DUI in Orange County it is important that you contact a DUI defense attorney to represent you. Consulting with an Orange County DUI defense attorney upon arrest or early on in the investigation may protect you from the harsh consequences associated with a DUI. The attorneys at Wallin & Klarich have over 30 years of experience successfully defending DUI cases and have the knowledge and experience to assist you in your DUI case. Visit our website at www.wklaw.com and feel free to call us at 888-280-6839. We will be there when you call.

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The First District Court of Appeal, Division Three, Matteo v. DMV (Case No. A130542) – an appeal from a trial court order directing petitioner California State Department of Motor Vehicles (DMV) to grant respondent Matteo a restricted drivers license based upon his compliance with Vehicle Code section 13352, subdivision (a)(3), as amended effective July 1, 2010, a date occurring after Matteo’s commission of a drunk driving offense but before his conviction for the offense. The DMV contended the order was based on an illegal retroactive application of section 13352, subdivision (a)(3), requiring reversal. First District Court of Appeal, Division Three disagreed and affirmed.

Matteo had thrice been convicted of driving under the influence (DUI) pursuant to section 23152, subdivision (a) – on December 24, 1990; December 13, 2007; and July 15, 2010. The July 15, 2010 conviction stemmed from an offense committed by Matteo on February 23, 2010, involving a multiple-point collision. Because this was Matteo’s second DUI offense in 10 years, he was deemed a second-time offender subject to certain legal requirements, including a one-year license suspension under section 13353.2.

After the DMV suspended his license for one year pursuant to section 13353.2, Matteo requested an Administrative Per Se (APS) hearing, which was held June 9, 2010. On June 15, 2010, Matteo entered a nolo contendre plea in court. A few weeks later, on July 8, 2010, the DMV mailed to Matteo its written decision upholding the administrative suspension effective as of the June 9, 2010 hearing date. 2 On July 15, 2010, pursuant to Matteo’s plea, the trial court, among other things, ordered him to install an ignition interlock device (IID) in his vehicle for at least one year.

The trial court’s order to convict Matteo was entered shortly after the July 1, 2010 effective date of the amendment to section 13352, subdivision (a)(3), the statutory provision at the center of this dispute.Under this amendment, second-time DUI offenders (alcohol only) could apply to the DMV for a restricted license after only 90 days of suspension if they accomplished each of the following: (1) enrolled in an 18-month DUI program; (2) provided proof of financial responsibility in the form of an SR-22 certificate of insurance; and (3) provided proof of installment of an IID in his or her vehicle. In this case, Matteo appears to have met these requirements. As such, on September 7, 2010, after serving a 90-day suspension, Matteo applied in person at a DMV field office for an IID-restricted license. However, Matteo was told by a DMV official he was ineligible for such license until at least June 8, 2011, because the version of section 13352, subdivision (a)(3), in effect on February 23, 2010, the date he committed the relevant DUI offense, required a one-year suspension. This action by the DMV official was, in turn, consistent with the DMV‟s statewide policy to apply the amended version of section 13352, subdivision (a)(3) only to drivers committing a DUI offense after the amendment’s July 1, 2010 effective date.

On September 13, 2010, Matteo filed a petition for writ of mandamus (writ petition) in superior court challenging the DMV’s refusal to grant him an IID-restricted license. The same day, the trial court issued an alternative writ of mandate; order to show cause. On October 28, 2010, following a contested hearing, the trial court granted Matteo’s writ petition and ordered the DMV to grant Matteo the restricted license.The trial court reasoned that under In re Estrada (1965) 63 Cal.2d 740 and People v. Durbin (1966) 64 Cal.2d 474, Matteo was entitled to the benefit of a statutory decrease in punishment in effect at the time of his conviction.In addition, the court found that the legislative history of the amended version of section 13352, subdivision (a)(3) reflects a clear intent that the statute apply broadly to “as many persons as constitutionally permissible.”

On appeal, the court held that under the newly amended section 13352, subdivision (a)(3), the DMV was required to inform Matteo of his right to apply for a restricted license based upon his compliance with the statute’s new procedural requirements. Granting Matteo the right, if he so chooses, to apply for a restricted license after meeting certain preconditions clearly is not a sanction. Nor does it change the legal consequences of Matteo’s past conduct by imposing new or different liabilities based upon such conduct or substantially affect his existing rights and obligations. In fact, the statute does not change the underlying punishment for second-time DUI offenders. Before and after Matteo’s February 2010 offense, he, like other second-time DUI offenders (alcohol only), faces a two-year license suspension. (§ 13352, subd. (a)(3).) The change – permitting Matteo and other similarly-situated DUI offenders to apply for the new restricted license after a 90-day suspension and proof of compliance with certain conditions rather than after a 12-month suspension – is more aptly described as a change in the rules for administering license suspensions rather than imposition of new or different liabilities for committing the underlying criminal conduct. Appeals court rejected the DMV’s claim that applying the newly enacted section 13352, subdivision (a)(3) to Matteo was impermissibly retroactive. The trial court order thus stands.

If you are your loved one is facing DUI charges, you must contact the DUI lawyers of Wallin & Klarich, 888-764-2615. With over 30 years of legal experience, we have defended thousands of clients accused of DUI charges. With offices in San Bernardino, Riverside, Los Angeles, Ventura and Orange County, we can defend you in any court. Call us now, we will be there when you call.

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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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