If you have been arrested on suspicion of
driving under the influence of drugs or alcohol, you are probably concerned that your driving privileges
may be suspended. A number of questions come to mind when faced with this
scenario. Will my license be taken away? How will I get to work or school?
How soon can I get my license back? Is there anything I can do to possibly
keep my license?
Fortunately, the state of California gives people the right to a
DMV hearing after a DUI arrest. By requesting a hearing with the Department of Motor
Vehicles (DMV), you will be able to fight the suspension of your license
and possibly gain evidence that will help you in your criminal court proceedings.
According to recent DMV statistics, approximately 34 percent of people
who requested DMV hearings were able to keep their driver’s licenses.
At these hearings, a Driver Safety Office (DSO) will have the task of proving
that you have committed a crime and that your license should be suspended
or revoked. They will determine this based on the answers to some of the
- Did an officer have a reasonable cause to suspect that you were driving
under the influence?
- Were you arrested?
- Did a blood, breath, or urine test reveal a BAC over the legal limit of
- Did you refuse you take a blood, breath, or urine test?
Their goal is to establish a “preponderance” of evidence rather
than a “reasonable doubt,” as would be the standard in a criminal
court. If you submitted to a blood or breath test, and the results showed
your BAC to be at or above .08, you could face a suspension between
4 months and one year depending on whether this was a first offense. If you refused the tests,
you could face a
one-year suspension for a first offense, or a
2- to 3-year revocation for a second or third offense, respectively.
These hearings, while informal, can be very technical in nature, and it
can be extremely difficult to prevail without the help of an experienced
Los Angeles DUI attorney. Our strategy to help you win your hearing includes
- Making sure the arresting officer followed all Title 17 regulations
- Carefully scrutinizing the police report from your arrest
- Challenging evidence through the use of a forensic alcohol expert
- Gathering testimony from witnesses
Additionally, we can also help you obtain a provisional California driver’s
license to use while you await trial. When you choose to work with
Stephen G. Rodriguez & Partners, your charges may even be reduced to a lesser offense.
If you have been arrested and are facing DUI charges, it is crucial that
you contact the Los Angeles DUI defense lawyers at our firm as soon as possible. You can only request a DMV hearing within 10 calendar days of a DUI arrest, so do not delay in securing the representation you need to help protect
your driving privileges.
free case evaluation, call us today at (213) 481-6811.