When Will a License Suspension Hearing Be Held After a California DUI?

 Posted on March 01,2021 in DUI

There are many violations that can lead to a motorist losing his or her driving privileges. For instance, being convicted of multiple moving violations, driving under the influence of drugs or alcohol (DUI), reckless driving, or other offenses are serious traffic infractions that could result in the suspension of a driver’s license. In California, a motorist who is arrested for DUI is subject to two separate types of proceedings: criminal and administrative. A criminal conviction can result in fines and/or jail time. The Department of Motor Vehicles (DMV) can also take away driving privileges through an administrative hearing. This can significantly impact a person’s daily life, especially if he or she needs a car to get to and from work. If you are facing DUI charges, it is imperative that you hire a skilled criminal defense attorney to help you prepare for your hearing and achieve the best possible outcome. 

Administrative Per Se Hearing

If you are a California driver who is arrested for DUI, the law enforcement officer will confiscate your driver's license and give you a “Notice of Suspension.” This document acts as a temporary license for 30 days.

A drunk driving arrest in California automatically results in a process with the Department of Motor Vehicles (DMV) that can lead to a longer suspension of your driver’s license. This is known as the Administrative Per Se Hearing. You must contact the DMV within 10 days of your arrest to request a license suspension hearing. Otherwise, your license will be suspended within 30 days of the arrest date.

During the DMV DUI hearing, you are entitled to:

• Review and challenge evidence.

• Subpoena and present witnesses. 

• Cross-examine witnesses.

• Testify on your own behalf.

In order to present a strong case, you must come to the hearing prepared with the above information. Gathering witness contact information and statements ahead of time will help in presenting your side of the story at the hearing. 

You may be eligible to reinstate your license if you:

• Enroll in California DUI school.

• Submit an SR-22 insurance form.

• Pay a $125 reinstatement fee.

• Install an ignition interlock device (IID) in your automobile.

In some cases, it is important to note that an arrest may be unlawful. For example, if a DUI checkpoint does not conform to the legal requirements under California law, the arrest may be considered illegal. In addition, if a police officer did not have probable cause to stop you or did not follow proper protocol during the traffic stop, these factors can all be part of your defense strategy.   

Contact a Santa Cruz, CA Criminal Defense Lawyer

People make mistakes behind the wheel that can sometimes cost them their driving privileges. If you or someone you know is facing DUI charges in California, it is essential that you obtain legal counsel instead of trying to navigate the legal system on your own. John W. Thornton, Attorney at Law has defended numerous clients in criminal cases, and he understands what it takes to reduce or dismiss your charges altogether. Our diligent Santa Cruz, CA DUI defense attorney will do everything possible to help you keep your driving record intact. To schedule a free consultation, call us today at 831-426-5800.

 
Source:

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB545