WHAT HAPPENS AT A DMV HEARING AFTER A DUI IN CALIFORNIA?
What is a Department of Motor Vehicles (DMV) hearing for driving under the influence (DUI) charges in California?
A DMV hearing (or an admin per se hearing) may determine whether you keep your driving privileges after a DUI arrest in Sonoma or Marin County.
Your DMV hearing is not connected directly to a criminal trial for DUI charges.
However, you should still take this hearing VERY SERIOUSLY as it could lead to the loss of your driving privileges.
DUI ARRESTS AND DMV HEARINGS IN CALIFORNIA
All drivers arrested for a DUI in California have the right to request a DMV hearing.
You have 10 days to request this hearing from the time of your arrest. You should receive a “Notice of Suspension” from the officer who charged you with the DUI. This notice provides information about requesting a DMV hearing.
Note that, if you do not request a DMV hearing, the DMV may automatically suspend your license after 30 days. After the DMV suspends your license, you may have a difficult time getting your driving privileges back.
In fact, you may only get your license back after:
-Paying reinstatement fees
-Obtaining proof of SR-22 insurance
-Entering or completing DUI school
Therefore, it is VERY important that you request a DMV hearing as quickly as possible.
The DUI lawyers at Fiumara & Milligan Law can help set up and handle your hearing. Just call us at (707) 571-8600.
YOUR DMV HEARING AND IGNITION INTERLOCK DEVICES (IIDS)
You should know that California recently adopted a statewide IID program for DUI charges. This program allows many drivers accused of a DUI to continue driving their vehicle if they install an IID. IIDs are personal breathalyzer devices.
You may need to install an IID on all vehicles you regularly drive, and all vehicles registered in your name after a DUI arrest or conviction.
The DMV may then issue you an IID-restricted license. You may operate your vehicle regularly with an IID. However, the IID will test your blood alcohol content (BAC) each time you try to start your vehicle. It will not allow your vehicle to start if your BAC is elevated.
Note that you may need to keep an IID on your vehicle for a few months for a first-time DUI offense. If you are arrested or convicted of a second DUI, you may need to use an IID for a year. Speak to a DUI lawyer in the North Bay to learn more about IIDs and their usage in California.
DUI EXPECTATIONS FOR A DMV HEARING AFTER A DUI
As we mentioned, your DMV hearing will be separate from your DUI criminal trial. DMV hearings are generally more relaxed. Some DMV hearings even occur over the phone. The point of the hearing is to decide whether your license should be suspended.
A DUI lawyer may should stand up for you during your DMV hearing. This hearing allows your lawyer to focus on:
-Reviewing the evidence against you
-Presenting and questioning witnesses
-Preparing you and allowing you testify on your own behalf
Depending upon the results of your DMV hearing, you may retain your driving privileges. However, you should know that the DMV decision may not stand if you are convicted of a DUI in court. For this reason, it is a good idea to get legal help with all aspects of your case.
YOUR CRIMINAL TRIAL AND A CALIFORNIA DMV HEARING
The results of your DMV hearing do not directly impact your criminal case. However, successfully resolving your DMV hearing may strengthen your position. Your lawyer could use the results of your DMV hearing during negotiations with the prosecution.
We may focus on securing you a plea bargain after a DUI arrest. A plea bargain allows you to reduce the charges you are facing. Many DUI cases in California end with a plea bargain.
Our team may also focus on getting your charges DISMISSED and defending you in court. Get comprehensive legal assistance right now.
TALK TO A DUI LAWYER AT FIUMARA & MILLIGAN LAW ABOUT A DMV HEARING AFTER A DUI ARREST IN THE NORTH BAY
At Fiumara & Milligan Law, we have been winning DUI related cases in Sonoma and Marin Counties since 1992!
Our DUI lawyers have obtained countless REDUCTIONS and DISMISSALS of DUI charges for past clients.
We know how the prosecution works and know HOW TO DEFEND YOU!
DO NOT RISK YOUR JOB, LICENSE, FREEDOM AND FUTURE!
Contact Fiumara & Milligan Law at 707-571-8600 for IMMEDIATE HELP!
“The Right DUI Attorney Makes All the Difference.”
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