Drunk Driving defense in Vista Courts and throughout California usually involve two different proceedings. There is the DMV administrative suspension proceeding against in invidual’s drivers license and the Criminal Court case. Many people overlook the DMV administrative suspension proceedings and don’t realize that the pink sheet notice of suspension and temporary license is separate from the arrest and criminal court proceedings.
Drunk Driving Defense attorneys address both issues if they are contacted by the client in time. The DMV proceeding allows a hearing to be set if the individual or his/her attorney call the DMV within 10 days of the arrest and set up a hearing. After that time, you loose the right to a hearing and the suspension becomes automatic in 30 days from the arrest based on the blood alcohol level. This hearing can be in person or telephonic, a stay of any suspension pending the hearing allows for a valid license pending the hearing findings which often can be 60 -90 days later instead of 30. You still may loose the hearing because you were the driver, there was a reason to contact you and your blood alcohol level exceeded the limit, either .01 if under 21 or on probation, or .08 or more if 21 or older and not on probation. There is also a separate suspension for refusing a chemical test. Setting the hearing also allows you or your attorney to get the police reports and chemical results usually prior to your court appearance and can greatly assist your attorney’s negotiation strategy and see if their are any defenses or mitigating factors.
That is why it is important for your license and your criminal case to contact an DUI lawyer as soon as possible to help you get the best resolution and keep your license as long as possible. For a free initial consultation call DUI Attorneys Nicholas and William Christoph at 760-670-3885. They have been providing the highest level of personal and professional DUI Defense across from Vista Courts for over 35 years.