Proof of Lawful DUI Arrest Is Required at California DMV Hearing (CVC 23152)
January 2, 2013

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. Call us at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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