Setting a DMV hearing for an alcohol DUI license suspension within 10 days of the arrest is very important in order to keep your license as long as possible. With any DUI alcohol arrest there can be a license suspension if the BA (blood alcohol) is .08 or more, or .01 BA or more if on DUI probation or under 21. The DMV admin suspension is 4 months for a first offense for anyone 21 or over and 1 year if under 21 or with a prior DUI within 10 years. This suspension will take effect 30 days after the arrest unless a DMV Admin Per Se hearing and stay on the suspension is requested within 10 days of the arrest. Failure to do so waives the right to the hearing. By setting the DMV hearing your driving privilege will be extended pending the DMV Hearing result and allows you an opportunity to challenge the suspension.
Normally the attorney handling the DUI case would set and handle the DMV DUI license suspension hearing along with the Criminal DUI case. By requesting the hearing, police reports are sent to the attorney before the hearing which can also assist in preparing for the Court proceedings and negotiations which usually occur later. Since there is an additional suspension if there is a plea or conviction for DUI, these two suspensions may be able to be coordinated to run concurrently. Both suspensions can be turned into restricted licenses rather than suspensions once they start.
While Court dates are being set months out right now on DUI cases, people do not often read the pink sheet Administrative Notice of Suspension they are given and they do not feel the urgency to do anything about their cases. Contacting a DUI Defense Attorney right away can be extremely important in understanding the DMV and Court potential consequences and addressing the licensing issue as soon as possible to be able to continue to drive pending the DMV and Court resolution. Christoph Law Offices offer a free consultation by calling 760-941-5720, and have been defending DUI cases for over 38 years across from the Vista Courts.
