San Diego DMV Hearing Attorney
Administrative License Suspension Hearings for DUI Arrests in San Diego
As soon as a police officer decides to arrest you for DUI in San Diego, he or she will immediately confiscate your driver’s license and issue a temporary driving permit that is only good for 30 days. After 30 days your driver’s license will remain suspended unless you schedule an administrative hearing with the California Department of Motor Vehicles (DMV). At the hearing you and your attorney will have the opportunity to present evidence in your favor and challenge any evidence submitted by the arresting officer. The DMV hearing is the only way to preserve your driving privileges after your DUI arrest. However, it is important to schedule your DMV hearing immediately after you are released from police custody. You only have
10 DAYS from the date of your arrest to schedule this hearing. Failure to do so will result in the automatic
suspension of your driver’s license.
DMV Hearing v. Criminal Case
In the state of California, a DUI arrest will spawn two separate legal processes: the criminal case and the DMV hearing. It’s important to remember that the DMV hearing is a completely separate legal process from the criminal case. The sole purpose of a DMV hearing is to determine whether or not your driving privileges will be suspended. Unlike the criminal case, the DMV hearing is not a forum to determine whether you are guilty or not guilty of the criminal act of driving under the influence. In addition, if you lose at the DMV hearing you will not be subjected any legal penalties other than the suspension of your driver’s license.
The DMV hearing is presided over by a DMV official who will serve as both the judge and the prosecutor for the state. At the hearing, your attorney will present evidence and testimony arguing that your driver’s license should not be suspended. Your attorney will also have the burden of challenging the evidence submitted by the arresting officer and prosecution. If your attorney is successful and the DMV representative rules in your favor, then your driving privileges will be reinstated. If you do not win at the DMV hearing, your driver’s license will be suspended for up to four months. At this time, your attorney can help petition for a hardship license that will give you permission to drive to certain locations approved by the court, such as work, school, or medical appointments.
San Diego DUI Lawyer for DMV Hearings
The Law Offices of Virginia Landry is 100% committed to providing you with superior representation at your DMV hearing. The San Diego DUI attorneys at the office have years of experience appearing at these hearings on behalf of their clients, and know how to prepare an effective defense case to increase your chances of success. The team is not afraid to stand up for you and challenge the evidence submitted by the prosecution. When you come to the firm, you can feel secure knowing that your case will be put in the hands of a San Diego DUI lawyer who knows how to work the legal system and defend clients charged with DUI.
Fight to keep your license - contact a San Diego DMV hearing lawyer at the firm today.