DMV Hearings & DUI Crimes
When a driver is arrested for DUI the driver is usually handed a pink colored temporary license. The temporary license informs the driver that he has only ten days from the date of arres to request a hearing at the DMV where his privilege to retain his license will be determined.
The DMV hearing is usually set about a month from the time of the driver's arrest for DUI. At the DMV hearing the driver may present evidence in his defense in an effort to save his driving privilege.
The DMV hearing is also known as the Administration Per Se Hearing, or simply admin per se. At the DMV hearing, if the DMV hearing officer proves that the defendant was driving a vehicle while the driver's blood alcohol concentration, or BAC, was a 0.08% or more, then the DMV hearing officer will suspend the driver's license.
Also, if the DMV hearing officer proves that the driver refuse to take a chemical test (either a blood or breath test) then the driver's license will be suspended for at least a year (longer for multiple DUIs within a ten year period).
For how long the driver's license is suspended depends on the driver's history of DUI priors and whether or not the driver refused a chemical test (either a blood or breath test).
At the DMV hearing the driver will be allowed to present evidence on his own behalf, almost always through his attorney, that proves that either, the defendant was not driving a vehicle, the driver was not driving with a 0.08% or more BAC, or that the defendant was arrested without probable cause. For commercial drivers the standard is lowered to 0.04 BAC, and for drivers who were already on probation for a prior DUI and for drivers under the age of 21, the standard is zero tolerance or less than 0.01% BAC.
How the driver proves the above factors should only be done through a DUI attorney who is familiar with the rules of evidence and procedure. A DUI attorney will generally look to dozens of possible defenses, including improper police procedure, inadequate scientific analysis, or witnesses who present contrary evidence to the DMV's evidence.
At the conclusion of the DMV hearing the driver will receive a determination by the DMV on whether or not the DMV intends to suspend the driver's license and on what terms the DMV will return the driver's license.
At a minimum, if the driver does not win the DMV hearing, the driver will have his license suspended, be made to take DUI classes, and be made to carry a special vehicle insurance called an SR-22 policy, before the driver's license is reinstated. Other restrictions may apply depending on the driver's BAC and his criminal history AND these restrictions may be modified after the defendant's criminal case is concluded.
To learn more about DMV hearing associated with DUI arrests, contact DUI attorney Christopher Dorado today. There is no charge for an in-office consultation where attorney Dorado will explain your rights and options.
Call today. 909.913.3138