You have 10 DAYS from your
DUI arrest to contact the DMV and prevent the suspension of your driver's license.
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(888) 795-8880
DMV Hearing
DMV HEARING When an individual is simply arrested (not convicted) for driving under the influence (DUI), he or she is subject to severe DMV penalties. California law requires the Department of Motor Vehicles (DMV) to immediately suspend or revoke the driving privilege of an individual who is arrested for driving with a blood alcohol concentration (BAC) of .08% or more, or who refuses or fails to complete a chemical test upon arrest. The individual's privilege to drive will be suspended or revoked unless he or she timely requests a DMV Administrative Per Se (APS) Hearing within 10 calendar days of the arrest. The Law Offices of John H. Sommers has won APS Hearings for clients with blood alcohol levels as high as .32% (4 times the legal limit) as well as for clients who refused all tests. If you contact our office within 10 calendar days of your arrest, we will take immediate action to ensure that your driving privilege is protected while we defend your case and challenge the suspension of your driver's license.
At the time of a DUI arrest, the police officer issues a temporary driving license (pink paper) which allows an individual to drive for 30 days from the date of the arrest. The individual is required to request an APS Hearing within 10 calendar days from the date of the DUI arrest in order to prevent the pending suspension of his or her driver's license. If the APS Hearing is timely requested, the DMV will "stay" the suspension of the driver's license and issue a new temporary driver's license which will allow the individual to legally drive until the APS Hearing is resolved, which is typically several months later.
To prove that the driver had a BAC of .08% or greater, the DMV must establish, by a preponderance of the evidence, the following issues:
v the police agency had reasonable cause to believe the driver violated the
DUI Code;
v the driver was lawfully arrested; and
v the driver had a blood alcohol concentration of .08% or greater.
If the individual refused to submit to chemical testing, the DMV must establish:
v the police agency had reasonable cause to believe the driver violated the
DUI Code;
v the driver was lawfully arrested;
v the driver was advised of the consequences of a refusal; and
v the driver refused to submit to or failed to complete a chemical test.
The APS Hearing will determine whether the suspension or revocation of the driver's license will be "set aside" or whether an administrative per se action will be imposed. When you hire the Law Offices of John H. Sommers, we will aggressively present all applicable defenses and arguments at the APS Hearing to protect your driving privilege.
See DMV penalties for a comprehensive discussion regarding the length of suspension or revocation associated with DUI cases.
(888) 795-8880 The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, nor does receipt or viewing constitute, an attorney-client relationship. DUI Defense Attorney, Los Angeles DUI Attorney, Los Angeles DUI Lawyer, DUI Lawyer, DUI Attorney, DUI Arrest, Los Angeles DUI Arrest, Los Angeles County DUI, Orange County DUI Attorney, DUI Defense Attorney, Los Angeles DUI Attorney, Los Angeles DUI Lawyer, DUI Lawyer, DUI Attorney, DUI Arrest, Los Angeles DUI Arrest, Los Angeles County DUI, Orange County DUI Attorney, DUI Defense Attorney, Los Angeles DUI Attorney, Los Angeles DUI Lawyer, DUI Lawyer , Driving Under the Influence, Sommers, Legal Defense, Law Help, Free Legal Advice, DUI Advice, DUI Consultation, DUI Information, LA DUI Attorney, LA DUI Defense Lawyer, DUI DMV, DUI and Driver's License, Blood Alcohol Concentration, Alcohol and Driving
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