In California, a person who is arrested for DUI must fight two cases. The first case is the criminal case and it is fought in court. The second case is with the Department of Motor Vehicles and it is fought during a scheduled DMV hearing. During the DMV hearing, a person can try to prevent his/her driver’s license from being suspended. If he/she loses his/her DMV case, his/her license will be suspended. In California, only the Department of Motor Vehicles is allowed to suspend a driver’s license, not the courts.
10 Day Rule
After a person is arrested for DUI, the officer will take possession of his/her driver’s license. During his/her arrest, or after his/her release from jail, the person will be served with a pink suspension notice or a temporary license form entitled Form DS-367. After the date of his/her arrest, the person only has 10 days to schedule a hearing with the California Department of Motor Vehicles to contest his/her license suspension. Failure to schedule a hearing will result in automatic license suspension.
DMV Hearing
The DMV hearing will usually take place in a small room with a DMV officer. The officer is a DMV employee, not a prosecutor or judge. However, the DMV officer’s role is similar to both a prosecutor and a judge in that he/she must present evidence to justify the driver’s license suspension and make a final ruling.
The DMV officer has the burden of justifying the license suspension. In order to justify the suspension of a driver’s license, the DMV officer must find that the arresting officer had probable cause, that the arresting officer lawfully made the arrest, and that the BAC results of the driver were 0.08% or higher. The DMV hearing is very technical, and while the arresting officer may testify at the hearing, the final decision will be based upon the facts presented.
The duration of license suspension varies. For first time DUI offenders, license suspension usually lasts for four moths. For multiple DUI offenses, license suspension can last up to three years, or permanently.
Hiring an Attorney
One of the best decisions you can make is to hire an experienced San Francisco DUI attorney. An attorney can protect your rights and inform you of your legal options. Your lawyer can also schedule your hearing with the DMV and represent you at the hearing. A skilled DUI attorney will know how to tell your side of the story and challenge evidence that is presented against you. By hiring an attorney, you greatly increase your chances of preventing your license from being suspended.
San Francisco DUI Attorney
The Law Office of Robert Tayac has been helping people charged with DUI in San Francisco for over a decade. Attorney Robert Tayac has the education, training and experience to defend your drunk driving case. When you work with Robert Tayac, you can be assured that you are retaining the services of a knowledgeable, trustworthy DUI defense lawyer.
Contact the Law Office of Robert Tayac for your free case evaluation!
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