What Is The California DMV Administrative Hearing For Those Arrested For DUI?
In all California DUI arrests with a BAC, or blood alcohol concentration of 0.08% or higher, drivers are given a pink DMV Administrative Notice of Suspension and Temporary License in addition to Criminal Case appearance information.
Drivers who have a 1) .01% BAC or higher and under the age of 21, or 2) on DUI Probation, or 3) refused a breath, chemical or blood test and all also notified of a DMV administrative suspension. They then have 10 days from the date of the arrest to set a hearing challenging the DMV Administrative suspension.
Thinking About Missing The Hearing? You Should Reconsider.
After a DUI arrest in Vista, requesting a DMV hearing is extremely important. Even if you think you will lose the hearing, you should still request one. There are both technical and evidentiary issues that can be addressed at this hearing that may avoid a driver’s license suspension.
Additionally, if your driver’s license was valid at the time of your arrest and there are no other outstanding actions, you will remain fully licensed pending the results of that hearing. That can be 60 days away. This allows you to then complete prerequisites that enable you to immediately get a restricted license, in most cases, if a suspension is imposed.
What To Expect At A California DMV Hearing
The California DMV hearing, often called an administrative per se hearing, focuses on whether:
- The officer had probable cause to contact, detain and arrest you.
- There is sufficient evidence that you were driving with a .08% BAC or more, or .01% BAC if under age 21, or were on DUI probation.
- You refused chemical testing and if there will be additional evidentiary requirements before an imposed suspension. These include whether you were read the Chemical Test Refusal admonition before refusing and a warrant to draw your blood was properly ordered.
Why The Hearing Is Important
Requesting a DMV hearing typically extends your temporary driving privileges until a decision is made. It also gives you more time to complete the prerequisites that allow you to receive a restricted license if a suspension, other than a refusal suspension, is imposed.
Why The Legal Representation You Choose Matters
A DMV hearing is often the first opportunity to get reports and review the evidence in a DUI case. At Christoph Law Offices, our father-son team has represented clients in Vista and North San Diego County in more than 5,000 DUI cases for over 40 years. We are also listed in “Top Lawyers” in San Diego Magazine.
We will review police reports, testing and everything related to your DMV and criminal case. Your background and steps you can take after your arrest can also make a difference in the resolution of your criminal case.
We’ve helped many people obtain an immediate restricted license if a suspension is imposed, either in the DMV or criminal case. We know your rights and offer the highest level of personal and professional DUI defense representation.
Speak With A Vista DUI Defense Lawyer With A Reputation For Successfully Handling Thousands Of DUI Cases
If you are facing a DUI in Vista, Carlsbad, Oceanside, Escondido or elsewhere in North County, prompt action is critical. The DMV deadline moves quickly. Contact Christoph Law Offices, located for over 40 years across from Vista Courts, through our online contact form or call for a free consultation 760-941-5720.
