If your driver's license is taken away, you have the right to challenge any decision made by the Department of Motor Vehicles (DMV) in California. If you are arrested for a DUI in California, the law enforcement officer will give you a notice that your driver's license is being suspended. From that point, you have 10 days to request a hearing with the DMV. At the hearing you will be able to challenge the suspension. These hearings are not the place to make the argument for being innocent of the DUI charge but solely for the purpose of reviewing the justification of the license suspension. It is wise to be represented by an experienced Riverside DUI lawyer at this hearing in order to have the best possible opportunity of getting your driver's license back.
During the hearing, all evidence will be reviewed and the DMV's witness will be cross examined. You are allowed to present any evidence that you have to help your case and you can give a testimony as well as have witnesses give testimonies on your behalf. The main things that will be looked over in a DMV hearing are:
- If there was probable cause for the arrest
- If you were lawfully arrested
- Your BAC level at the time if it was over .08% if you are 21 or older or above .01% if you are under 21
- If you did not perform a chemical test, were you informed of the penalties for refusal
- After being informed of the consequences for refusing to take a BAC test, did you willingly decline the test
- Is there was reasonable evidence for the officer to believe that you were under the influence at the time
The hearing is a separate issue from the criminal court dealings that also follow a DUI arrest. Even if you win the DMV hearing and get your license back, the court can still convict you for a DUI. Losing the DMV hearing; however, can increase the likelihood for conviction in the criminal court. In order to better your chances for winning the DMV hearing, obtain an experienced DUI attorney from the Law Offices of Thomas Wallin.