DMV ISSUES RELATED TO DUI ARREST
If you have been arrested for DUI, you will have to deal with both the criminal justice system and the DMV.
Indeed, you must contact a California DUI defense lawyer immediately so that the attorney can request an Admin Per Se hearing from the DMV. This must be done within ten days of your arrest in order to protect your right to a hearing so that your driving privilege is not suspended for four months.
These matters are difficult, but the can be successfully defended both in court and at the DMV.
Unlike the criminal process at Court, the DMV is a civil matter, run by their Office of Driver Safety.
The DMV hearing officer acts as both judge and prosecutor in this procedure. They are only interested in three issues:
- Did the arresting officer have reasonable cause to believe that you were driving under the influence;
- Was the arrest lawful, and;
- Was your blood alcohol an .08 or higher at the time of driving.
A DMV hearing is won or lost based on technical issues of the law.
The charge of driving under the influence actually consist of two charges: 23152(a)V.C. “driving under the influence of drugs or alcohol (or both)” and, 23152(b) V.C. “driving with a blood alcohol level of .08 or higher.” The punishment is the same whether you plead to either offense.
If you are convicted of either charge, it counts as two points against your negligent operator count at the DMV.
Conviction on either count is “priorable” for the next seven years. If you are arrested again for a DUI within that time, it will count as a second offense requiring mandatory jail time and a license suspension for one year.
Since what happens at the Court and what happens at the DMV are separate procedures, it is possible to be found guilty in the criminal case, but still win the DMV hearing. On the other hand, if you were actually acquitted in court of the DUI charge, and had previously lost your DMV hearing, you would then have the right to force the DMV to return your license and set aside their suspension.
If you are convicted of a DUI in California, you will be required, during the three years that you are on probation, to maintain proof of insurance on file with the DMV. If it should lapse during that time, the DMV will suspend your license.
If you are caught driving while your license is suspended for a DUI conviction, the mandatory minimum jail term is 10 days.
In addition to DUI suspensions, if you should plead guilty to even an infraction for possession of marijuana the DMV will suspend your driving privilege for six months.
Call Wallin & Klarich Today
Wallin & Klarich’s DMV attorneys have the knowledge and experience to secure a favorable outcome for drunk driving related crimes and DMV matters, such as a dismissal altogether or a reduction to a lessor charge. Wallin & Klarich has successfully secured drunk driving programs, counseling and other sentencing options that can reduce the time in custody or eliminate it altogether.
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 (877) 466-5245 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.